Wash v. Dickson
Supreme Court of Georgia
Injunction. Before Judge Crum. Ben Hill superior court. February 10, 1917. In November, 1916, M. Dickson filed his petition for injunction against James Wash and George Wash, alleging, that he is the owner of two certain tracts of land described; that he purchased the land on February 2, 1904, from L. Kennedy, administrator of the estate of William Wash; that there is in cultivation on said land fifty acres, more or less; that the defendants are entering upon the land and…
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Injunction. Before Judge Crum. Ben Hill superior court. February 10, 1917. In November, 1916, M. Dickson filed his petition for injunction against James Wash and George Wash, alleging, that he is the owner of two certain tracts of land described; that he purchased the land on February 2, 1904, from L. Kennedy, administrator of the estate of William Wash; that there is in cultivation on said land fifty acres, more or less; that the defendants are entering upon the land and threatening to dispossess him and his tenant, without right or authority, and will continue so to do unless enjoined; that…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) The main contention of the plaintiffs in error is that the judgment of the court of ordinary, appointing Kennedy administrator of the estate of William Wash is void, and therefore Dickson’s deed is void, and both being void they can, in a proceeding confessedly collateral, be attacked as void. Incidentally it is said that the Supreme .Court in Wash v. Wash, 145 Ga. 405 (89 S. E. 364), declared, *544in effect, the judgment appointing Kennedy administrator to be void. The necessary effect of the decision referred to will be presently considered.
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2Cases cited11 opinions
- Mackenzie v. MinisSupreme Court of Georgia · 1909
- Jones v. SmithSupreme Court of Georgia · 1904
- Goodrich v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1902
- Stuckey v. WatkinsSupreme Court of Georgia · 1900
- Barclay v. KimseySupreme Court of Georgia · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Riley v. New York Trust Co.Supreme Court of the United States · 1942
- Owenby v. StancilSupreme Court of Georgia · 1940
- Estate of Nye v. First National BankIndiana Court of Appeals · 1973
- Chance v. ChanceCourt of Appeals of Georgia · 1939
- Bowers v. DolanSupreme Court of Georgia · 1939
23 more not listed; retrieve them via the Exa API.