Smith v. Pate
Supreme Court of Georgia
Husband and wife. Equity. Parties. Decree. Before' Judge Knight. Milton Superior Court. August Term, 1873. Charles R. Pate and his wife, Emily Pate, Simeon Frazer and his wife, ...... Frazer, and George W. Chambers and his wife, Mary Chambers, filed their bill against William M. Smith and bis wife, Eleanor Smith, making substantially the following case: Complainants, Emily Pate, Mrs. Frazer and Mary Chambers are the daughters and beirs-at-law of Archibald Bradford, deceased.
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Husband and wife. Equity. Parties. Decree. Before' Judge Knight. Milton Superior Court. August Term, 1873. Charles R. Pate and his wife, Emily Pate, Simeon Frazer and his wife, ...... Frazer, and George W. Chambers and his wife, Mary Chambers, filed their bill against William M. Smith and bis wife, Eleanor Smith, making substantially the following case: Complainants, Emily Pate, Mrs. Frazer and Mary Chambers are the daughters and beirs-at-law of Archibald Bradford, deceased. His widow, Margaret Bradford, and bis daughters, Martha Ragsdale and Eleanor Smith, are also heirs-at-law of said…
1Opinion of the Court
McCay, Judge.
1. We should hesitate to interfere with this verdict on the-ground that there is no evidence to justify setting aside the deed. It. may be there is strong evidence in favor of its integrity, but there is certainly some evidence to show that it *250was unduly obtained. But we think the verdict as it stands is illegal. Under the act of 1866 the husbands of these ladies had no interest in this land, and a Verdict for the complainants generally is a verdict in favor of the husbands and wives jointly. Again, if the deed be set aside the land belongs to the estate of the old gentleman. It…
2Cited by3 opinions
- Walker v. O'Neill Manufacturing Co.Supreme Court of Georgia · 1907
- Toland v. CampSupreme Court of Georgia · 1912
- Ashley v. CookSupreme Court of Georgia · 1907