Legal Opinion

McWilliams v. Lehman

Supreme Court of Georgia

Decided February 11, 1915PublishedCited by 3 opinions

Action for damages. Before Judge Worrill. Bandolph. superior court. January 10, 1914. Albert Lehman in 1849 intermarried with Kate Barnwell, who died in 1851, leaving one son, Henry. Subsequently he intermarried with Lydia McWilliams. In 1869, being a resident of the county of Bandolph, he had set apart as a homestead a lot in the city of Cuthbert, known as the Lehman carriage-shop site.

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Action for damages. Before Judge Worrill. Bandolph. superior court. January 10, 1914. Albert Lehman in 1849 intermarried with Kate Barnwell, who died in 1851, leaving one son, Henry. Subsequently he intermarried with Lydia McWilliams. In 1869, being a resident of the county of Bandolph, he had set apart as a homestead a lot in the city of Cuthbert, known as the Lehman carriage-shop site. In November, 1871, Henry Lehman removed from the State of Georgia to the State of Texas, where he has since continuously resided. On October 14, 1878, Albert Lehman died. He left surviving his widow, two…

1Opinion of the CourtEvans, P. J.

(After stating the foregoing facts.) The plaintiff’s case was projected on the theory that the defendants had conspired to defraud him of an inheritance from his father, and that as a result of the fraud he had sustained damage. If the defendants, being neither creditors nor next of kin of Albert Lehman, with intent to benefit themselves by having a sale of the land as their sister’s property and dividing the proceeds of the sale between themselves and other heirs of their sister, procured administration upon Albert Lehman’s estate, and afterwards obtained an order to sell the land, not for…

2Cases cited1 opinion

  1. Bell v. BellSupreme Court of Georgia · 1856

3Cited by3 opinions

  1. Call v. StroudSupreme Court of North Carolina · 1950
  2. Deas v. JacksonSupreme Court of Georgia · 1948
  3. Deas v. JacksonSupreme Court of Georgia · 1948

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