Frazier v. Broyles
Supreme Court of Georgia
Equitable petition. Before Judge Smith. DeKalb superior court. August 12, 1915. Mrs. Lena Erazier, who sues in her own right, and Claude J. Adams, Clement A. Adams, Harris M. Adams, and William Mullen, all minors, brought suit by their next friend, Mrs. Lena Erazier, and alleged, so far as material to the consideration of this ease, substantially as follows: The defendants in the case are Arnold Broyles, E. E. Callaway, Lumpkin Investment Company (a corporation of Georgia,…
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Equitable petition. Before Judge Smith. DeKalb superior court. August 12, 1915. Mrs. Lena Erazier, who sues in her own right, and Claude J. Adams, Clement A. Adams, Harris M. Adams, and William Mullen, all minors, brought suit by their next friend, Mrs. Lena Erazier, and alleged, so far as material to the consideration of this ease, substantially as follows: The defendants in the case are Arnold Broyles, E. E. Callaway, Lumpkin Investment Company (a corporation of Georgia, with its principal office in Eulton county), and Mrs. Ellen A. Neill, all of Eulton county, Georgia. Plaintiffs, together…
1Opinion of the CourtHill, J.
The plaintiffs assign error on the order of the court dismissing the petition upon the defendants’ demurrer. The suit was brought in the county where the land involved was located and in which none of the defendants resided. If it was an action “respecting title to lands,” the venue was properly laid; but if an equitable action, the court did right in dismissing it for want of jurisdiction. The prayer of the petition is not only to recover the land in ejectment, but also to cancel the deeds from Mrs. Adams to Broyles and Callaway and from the latter to the Lumpkin In*646vestment Company. One test…
2Cases cited9 opinions
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Swain v. StewartSupreme Court of Georgia · 1896
- Saffold v. Scottish American Mortgage Co.Supreme Court of Georgia · 1896
- Cox v. Cody & Co.Supreme Court of Georgia · 1886
- Martin v. GaissertSupreme Court of Georgia · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hayes v. HowellSupreme Court of Georgia · 1983
- Owenby v. StancilSupreme Court of Georgia · 1940
- Bond v. RaySupreme Court of Georgia · 1951
- Odd Fellows v. City of ThomasvilleSupreme Court of Georgia · 1970
- State Highway Department v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1961
14 more not listed; retrieve them via the Exa API.