Legal Opinion

Huff v. McDonald

Supreme Court of Georgia

Decided March 15, 1857No. 35PublishedCited by 20 opinions

In Equity, from Cass Superior Court. Tried before Judge Brown, at September Term, 1856. The bill alleges that complainant, Charles J. McDonald* on the 2d of May, 1843, purchased at a sale made by the; ''Commissioner in Bankruptcy for the State of Georgia, the tone undivided quarter of the south-east half of lot No. 210, in the 2d district of Can-oil county, sold as the property of John T. Rowland, a bankrupt.

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In Equity, from Cass Superior Court. Tried before Judge Brown, at September Term, 1856. The bill alleges that complainant, Charles J. McDonald* on the 2d of May, 1843, purchased at a sale made by the; ''Commissioner in Bankruptcy for the State of Georgia, the tone undivided quarter of the south-east half of lot No. 210, in the 2d district of Can-oil county, sold as the property of John T. Rowland, a bankrupt. That sometime in the year 1843, he purchased one other undivided fourth part of said south-east half of said lot, from one Littleton Atkinson, but the deed of conveyance from Atkinson to…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

The first two grounds of the demurrer were not insisted on.

The third, and only remaining ground, had been obviated by an amendment to the bill; an amendment by which the administrator of Atkinson had become a complainant in the bill. “

The objection to the admission in evidence, of the assignment made by Atkinson, was also obviated by this same amendment.

The first question, therefore is, upon the refusal of the Court, to charge as requested.

The first request was this; “ That if the plaintiff is entitled to recover anything, he is not entitled to…

2Cited by20 opinions

  1. Williamson v. JonesWest Virginia Supreme Court · 1897
  2. Smith v. SmithSupreme Court of Georgia · 1914
  3. Collier v. Bank of TupeloSupreme Court of Georgia · 1940
  4. Carmichael v. Citizens & Southern BankSupreme Court of Georgia · 1926
  5. Werner v. WernerSupreme Court of Georgia · 1943

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