Thompson v. Sanders
Supreme Court of Georgia
Equitable petition. Before Judge Russell. Banks superior court. September 19, 1900. The petition, of Thompson against Wiley S. Sanders alleged, in brief: The defendant’s father died leaving a will, made in 1884, which provided as follows: “I will and bequeath unto my son, Wiley S. Sanders, my home place . . in trust for his wife M. A., and her children, during his life, and at his death to be their property, and this property not to be sold for debts contracted by him; to…
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Equitable petition. Before Judge Russell. Banks superior court. September 19, 1900. The petition, of Thompson against Wiley S. Sanders alleged, in brief: The defendant’s father died leaving a will, made in 1884, which provided as follows: “I will and bequeath unto my son, Wiley S. Sanders, my home place . . in trust for his wife M. A., and her children, during his life, and at his death to be their property, and this property not to be sold for debts contracted by him; to have and to hold the same in trust for his wife and children.” The wife referred to is dead; her children, three in…
1Opinion of the CourtCobb, J.
1. As a general rule the remedy of one tenant in common who desires to obtain possession of his portion of the property as against his cotenant is to institute proceedings at law to have the land partitioned. Civil Code, § § 3146, 4786. In Logan v. Goodall, 42 Ga. 96 (5), it was held that one tenant in common might maintain against his cotenant an action of ejectment and obtain a judg*1026ment placing him in possession jointly with the defendant, and that any equities between them could be thereafter settled by a writ of partition or a bill in equity. The ruling made in that case was, however,…
2Cases cited6 opinions
- Sanford v. SanfordSupreme Court of Georgia · 1877
- Baker v. MiddlebrooksSupreme Court of Georgia · 1888
- Dupon v. McLarenSupreme Court of Georgia · 1879
- Tate v. GoffSupreme Court of Georgia · 1892
- Wilson v. ChandlerSupreme Court of Georgia · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wallis v. WatsonSupreme Court of Georgia · 1937
- Baxter & Co. v. CampSupreme Court of Georgia · 1906
- Ison v. GeigerSupreme Court of Georgia · 1934
- Whigby v. BurnhamSupreme Court of Georgia · 1911
- Horn v. TowsonSupreme Court of Georgia · 1926
3 more not listed; retrieve them via the Exa API.