Legal Opinion

Napier v. Little

Supreme Court of Georgia

Decided November 16, 1911PublishedCited by 18 opinions

Complaint for land. Before Judge James B. Park. Baldwin superior court. May 6, 1911. This suit was brought in the statutory form, by Mrs. Laura A. Little and Miss Mary Lizzie Williams against Mrs. Isabella E. Napier, for the recovery of a certain tract of land, together with mesne profits, in Baldwin county, containing 275 acres, more or less, and described in the petition as follows: “bounded by lands of the said Mrs. I. E. Napier, known as the' ‘Picket field/ by lands of…

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Complaint for land. Before Judge James B. Park. Baldwin superior court. May 6, 1911. This suit was brought in the statutory form, by Mrs. Laura A. Little and Miss Mary Lizzie Williams against Mrs. Isabella E. Napier, for the recovery of a certain tract of land, together with mesne profits, in Baldwin county, containing 275 acres, more or less, and described in the petition as follows: “bounded by lands of the said Mrs. I. E. Napier, known as the' ‘Picket field/ by lands of James Dismukes, by lands belonging to the estate of Mrs. L. Y. Farrar, and by lands of Samuel Evans estate — said tract…

1Opinion of the CourtHill, J.

(After stating the foregoing facts.)

1. The decision of this case rests largely upon the proper construction of the testator’s will. The plaintiffs and the defendant both claim title to the land sued for under a common source — the will of John Williams Sr. Mrs. Napier, his daughter, claims under item 5 of said will, and Mrs. Little and Miss Williams, his granddaughters, under item 6. As item 4 has some bearing upon the case, we give here each of these items. “4th Item. I give, bequeath, and devise to my stepson, G. T. Dismukes, (125) one hundred and twenty-five acres of land situated and…

2Cases cited5 opinions

  1. Brantly v. HuffSupreme Court of Georgia · 1879
  2. Gillespie v. SchumanSupreme Court of Georgia · 1879
  3. Donehoo v. JohnsonSupreme Court of Alabama · 1898
  4. Georgia Railroad & Banking Co. v. City of AtlantaSupreme Court of Georgia · 1910
  5. Williamson v. YoumansSupreme Court of Georgia · 1911

3Cited by18 opinions

  1. King v. BrowningSupreme Court of Georgia · 1980
  2. Bradley v. SheltonSupreme Court of Georgia · 1940
  3. Durden v. KerbySupreme Court of Georgia · 1947
  4. Hitt v. CarrIndiana Court of Appeals · 1915
  5. Sears v. MajorsCalifornia Court of Appeal · 1930

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