Fordham v. Duggan
Supreme Court of Georgia
Ejectment. Before Judge Kent. Laurens superior court. March 31, 1917. Mrs. J. D. Eordham and others brought ejectment against Mrs. Mary Duggan.
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Ejectment. Before Judge Kent. Laurens superior court. March 31, 1917. Mrs. J. D. Eordham and others brought ejectment against Mrs. Mary Duggan. The plaintiffs based their case upon the contention that they were the heirs of John Perry Jr. Upon the death-of John Perry, J. J. Bowen was appointed administrator of his estate, and sold the reversionary interest in the land in controversy, on December 8, 1879, at administrator’s sale to Joel T. Coney for $1220. On May 30, 1882, Coney sold the same land back to J. J. Bowen for $1660. The present suit was filed on April 6, 1915. Cynthia, the wife of…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.)
1. We are of the opinion that the court properly disallowed the amendment, and subsequently, after hearing evidence, directed a verdict for the defendants. If there were no debts of the estate of J. J. Perry which rendered it necessary to sell the lands belonging to the estate, this could have been urged as a ground of a caveat to the application to sell the lands, and no reason is shown why this was not done. The order of the court of ordinary authorizing the same was a judgment of a court of competent jurisdiction, and can not be collaterally attacked;…
2Cases cited3 opinions
- Bailey v. RossSupreme Court of Georgia · 1882
- Biggs v. SilveySupreme Court of Georgia · 1913
- Kehoe v. RourkeSupreme Court of Georgia · 1908
3Cited by6 opinions
- Sowell v. SowellSupreme Court of Georgia · 1956
- Hermann v. MobleySupreme Court of Georgia · 1931
- Reeves v. TarnokSupreme Court of Georgia · 1926
- Coe v. Greenville Credit & Investment Co.Court of Appeals of Georgia · 1982
- Camp v. KingSupreme Court of Georgia · 1941
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