Endsley v. Taylor
Supreme Court of Georgia
Equitable petition. Before Judge Edwards. Douglas superior court. March 27, 1914. Polly Ann Endsley and others, who were daughters and sons of A. Q. Taylor and his wife, N. J. Taylor, instituted an action jointly and severally against their brother D. S. Taylor, and their father A. Q. Taylor, to recover a certain body of land composed of three smaller tracts, and to cancel, as a cloud upon their title, a deed from A. Q. Taylor to D. S. Taylor, purporting to convey the land.
Read the full summary
Equitable petition. Before Judge Edwards. Douglas superior court. March 27, 1914. Polly Ann Endsley and others, who were daughters and sons of A. Q. Taylor and his wife, N. J. Taylor, instituted an action jointly and severally against their brother D. S. Taylor, and their father A. Q. Taylor, to recover a certain body of land composed of three smaller tracts, and to cancel, as a cloud upon their title, a deed from A. Q. Taylor to D. S. Taylor, purporting to convey the land. It was alleged that A. Q. Taylor purchased one of the tracts from John Shearer in 1866, another from Nathan Walden in…
1Opinion of the CourtAtkinson, J.
Prior to the enactment of the married woman’s act, approved December 13, 1866 (Acts 1866, p. 146), the code provided, among other things, as follows: “All property given to the wife during coverture, or acquired by her, shall vest in the husband, but any words in the gift or bequest indicating a wish for the personal enjoyment thereof by the wife, such as a gift to the wife by name, shall create a separate estate therein for her.” Code of 1863, § 1702. This provision of the code had the effect of a statute, as the code was regularly adopted by the legislature. The testimony of the witness…
2Cases cited4 opinions
- Williams v. SmithSupreme Court of Georgia · 1907
- Manning v. ManningSupreme Court of Georgia · 1911
- Perkins v. KeithSupreme Court of Georgia · 1863
- Robson v. JonesSupreme Court of Georgia · 1859
3Cited by2 opinions
- Garner v. LankfordSupreme Court of Georgia · 1917
- Wheelwright v. RomanUtah Supreme Court · 1917