Greer v. Henderson
Supreme Court of Georgia
Equity. Partition of lands. Demurrer. Decided by Judge Clarke. Terrell Superior Court, June Term, 1867. William Henderson died in 1852, leaving real and personal property worth about fifty thousand dollars. Since that, the realty has been cut off into Terrell county by a change of the county lines. Before this change, John T. Howard, then of Lee county, now of Early county, was appointed Administrator of Howard, qualified, and took upon himself the duties of his office.
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Equity. Partition of lands. Demurrer. Decided by Judge Clarke. Terrell Superior Court, June Term, 1867. William Henderson died in 1852, leaving real and personal property worth about fifty thousand dollars. Since that, the realty has been cut off into Terrell county by a change of the county lines. Before this change, John T. Howard, then of Lee county, now of Early county, was appointed Administrator of Howard, qualified, and took upon himself the duties of his office. (The Court-House of Lee county was burnt in 1859, and the records were destroyed, and therefore no copy of the papers…
1Opinion of the CourtWarner, C. J.
The error assigned to the judgment’’of the Court below in this case, is in overruling the demurrer to the complainant’s bill. This is a bill filed for a partition of certain lands against the defendant, alleging a complicated state of facts, as well as fraud in the sale of the lands. The jurisdiction of Courts of Equity in cases of partition is a very ancient one. Story’s Com. on Equity, 599, sections 646, 647, 648, 649. By the Revised Code, it is declared that Courts of Equity in this State have jurisdiction in cases of partition, whenever the remedy at law is insufficient, or peculiar…
2Cited by2 opinions
- Mayer v. HoverSupreme Court of Georgia · 1888
- Lankford v. MilhollinSupreme Court of Georgia · 1946