Holloway v. Hoard
Supreme Court of Georgia
Equitable petition. Before Judge Daniel. Butts superior court. January 20, 1912. Mrs. Belle Hoard brought her action against J. W. Holloway and Ed Cole, to recover possession of certain land described in the petition, and for specific performance.
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Equitable petition. Before Judge Daniel. Butts superior court. January 20, 1912. Mrs. Belle Hoard brought her action against J. W. Holloway and Ed Cole, to recover possession of certain land described in the petition, and for specific performance. She alleged that the land described originally belonged to Holloway, who is her father; and she relied, for her right of recovery, upon seven years' possession without the payment of rent and without a claim of dominion by the father or any disclaimer of title on her part; and also upon a parol gift by the father, and valuable and substantial…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. Exception is taken to the following charge of the court: “If a child hold exclusive possession of land originally belonging to the father, for seven years without the payment of rent, I said, the law presumes that to be a gift, and the child has the right tinder those circumstances to file her suit to compel specific performance of the voluntary agreement.” This charge standing alone might be objectionable as being an incomplete statement of the provisions of section 4151 of the Civil Code, which reads as follows: “The exclusive possession by a child of…
2Cited by6 opinions
- Robinson v. StateSupreme Court of Georgia · 1974
- Dixie Manufacturing Co. v. RicksCourt of Appeals of Georgia · 1923
- Maxwell v. MaxwellSupreme Court of Georgia · 1933
- Chapman v. QuinnSupreme Court of Georgia · 1997
- Harrell v. HarrellSupreme Court of Georgia · 1922
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