Legal Opinion

Loyless v. Blackshear

Supreme Court of Georgia

Decided July 15, 1871PublishedCited by 8 opinions

Evidence. Tenants-in-common. Partition. Before Judge Harrell. Terrell Superior Court. March Term, 1871. Thomas J. Blackshear et al. averred that they were tenants-in-common with Loyless in certain land, and prayed for its partition. He resisted, upon the ground, that plaintiffs had no title to said land, that they were not tenants-in-common with him, and that he had the exclusive title to the same.

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Evidence. Tenants-in-common. Partition. Before Judge Harrell. Terrell Superior Court. March Term, 1871. Thomas J. Blackshear et al. averred that they were tenants-in-common with Loyless in certain land, and prayed for its partition. He resisted, upon the ground, that plaintiffs had no title to said land, that they were not tenants-in-common with him, and that he had the exclusive title to the same. Plaintiffs read in evidence a deed, made 26th January, 1859, in usual form, by one “ Walker, of the one part, and Patrick H. Mills, trustee for Martha E. Mills and her children, of the other part;”…

1Opinion of the Court

Warner, Judge.

1. This was an application by the children of Martha E. Mills for a partition of certain described lands, in the town of Dawson, and county of Terrell, against the defendant. The petitioners claim title under a deed made by John T. Walker, on the 26th of January, 1859, conveying the premises in dispute to Patrick H. Mills, trustee for Martha E. Mills and her children. This deed conveys the land to Patrick H. Mills, trustee for Martha E. Mills and her children, in fee simple, and warrants the title thereto. Patrick Mills having died, and his widow, Martha E., having intermarried…

2Cited by8 opinions

  1. Keith v. ChastainSupreme Court of Georgia · 1923
  2. Hollis v. LawtonSupreme Court of Georgia · 1899
  3. Baird v. BrookinSupreme Court of Georgia · 1891
  4. Plant v. PlantSupreme Court of Georgia · 1905
  5. Peavy v. DureSupreme Court of Georgia · 1908

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