McNair v. Brown
Supreme Court of Georgia
Action for specific performance. Before Judge Bawlings. Jefj ferson superior court. September 4, 1911. A. J. Williams brought a petition against his wife, Mrs. D. F. Williams, for specific performance, praying that she be required by decree to execute and deliver to him a deed of conveyance to 133% acres of land.
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Action for specific performance. Before Judge Bawlings. Jefj ferson superior court. September 4, 1911. A. J. Williams brought a petition against his wife, Mrs. D. F. Williams, for specific performance, praying that she be required by decree to execute and deliver to him a deed of conveyance to 133% acres of land. The land sued for was a part of a tract of land which, as appears from the petition, had, on January 1, 1885, been conveyed by petitioner to his brother, John B. Williams, to secure the payment' of the sum of $2,725, borrowed by petitioner from the grantee in that deed. By payments…
1Opinion of the CourtBeck, J.
(After stating the facts.) We are of the opinion that the court erred in striking the objections filed by the defendant to the granting of an order making the children of A. J. Williams parties plaintiff. Even if all of the heirs except one could maintain a suit of this character against that one who was in possession of the property sued for, there is sound reason for holding that such a suit could not be maintained when the one in possession is not only a coheir with the plaintiffs, but is an heir having peculiar rights and interests in the property which are not shared by the other heirs…
2Cited by3 opinions
- Coleman v. ThomassonSupreme Court of Georgia · 1925
- Lovett v. ParkerSupreme Court of Georgia · 1922
- Bacon v. BaconCourt of Appeals of Georgia · 1927