Legal Opinion

Bailey v. Freeman

Supreme Court of Georgia

Decided May 16, 1913PublishedCited by 8 opinions

Equitable petition. Before Judge Hawkins. Laurens superior court. January 19, 1912.

1Opinion of the CourtLumpkin, J.

This ease is substantially controlled by the decisions in Bennett v. Bird, 139 Ga. 25 (76 S. E. 568), and Spence v. Queen, 139 Ga. 587 (77 S. B. 820). The demands sought to be asserted were barred by the statute of limitations; and where not expressly so: appearing, the pleadings must be construed most strongly against the pleader. While the word “fraud” was freely used, no such facts were alleged as showed fraud preventing the discovery of the plaintiff’s rights by the use of the slightest diligence on her part, or the bringing of suit by her within the statutory period. There was…

2Cases cited2 opinions

  1. Bennett v. BirdSupreme Court of Georgia · 1912
  2. Spence v. QueenSupreme Court of Georgia · 1913

3Cited by8 opinions

  1. Jones v. JohnsonSupreme Court of Georgia · 1948
  2. Phipps v. WrightCourt of Appeals of Georgia · 1922
  3. Warnock v. WarnockSupreme Court of Georgia · 1950
  4. Hollingsworth v. RedwineCourt of Appeals of Georgia · 1946
  5. Miles v. HarrisonSupreme Court of Georgia · 1967

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