Hendricks v. Allen
Supreme Court of Georgia
Equitable petition. Before Judge Felton. Bibb superior court. February 7, 1906. Allen brought suit against Clifford Locke, administrator of the •estate of B. D. Locke, deceased, and Hendricks, to compel the administrator to make him a deed to a certain tract of land, and to enjoin Hendricks from foreclosing a mortgage on the land, and "to cancel the mortgage.
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Equitable petition. Before Judge Felton. Bibb superior court. February 7, 1906. Allen brought suit against Clifford Locke, administrator of the •estate of B. D. Locke, deceased, and Hendricks, to compel the administrator to make him a deed to a certain tract of land, and to enjoin Hendricks from foreclosing a mortgage on the land, and "to cancel the mortgage. The petition alleges, that on October 13, 1890, the plaintiff applied to said B. D. Locke for a loan of $135, with which to purchase the land in controversy; that Bichard Nel,son loaned the money “to said Locke for petitioner to purchase…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. The motion for a new trial in this ease embraces numerous *183grounds which, it will not be necessary for us to examine and discuss in detail, because a new trial is to be granted for the reason that the portions of the charge excepted to show that the court submitted the case to the jury upon a theory or theories that were not authorized by the pleadings or the evidence. That the charge of our able and learned brother of the trial bench is open to this criticism is, doubtless, largely due to the vague and indefinite allegations in the plaintiff’s petition upon which…
2Cases cited1 opinion
- Hendrick v. DanielSupreme Court of Georgia · 1904
3Cited by18 opinions
- Hardeman v. EllisSupreme Court of Georgia · 1926
- Smith v. SmithSupreme Court of Georgia · 1939
- Kramer v. SpradlinSupreme Court of Georgia · 1919
- Faircloth v. TaylorSupreme Court of Georgia · 1918
- Fuller v. FullerSupreme Court of Georgia · 1957
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