Lochrane v. Equitable Loan & Security Co.
Supreme Court of Georgia
Petition for partition. Before Judge Lumpkin. Fulton superior-court. March 31, 1904. On February 22, 1904, in vacation, the Equitable Loan and Security Company presented to the judge of the superior court a petition in which it is alleged, that the petitioner and Mrs. Josephine Lochrane, Mrs. Lillian Lochrane Conners, Mrs. Josephine Lochrane as guardian of Elma and Willis F. Westmoreland Jr., and Mrs. Idoline Lochrane Ellard are the common owners of described real estate in…
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Petition for partition. Before Judge Lumpkin. Fulton superior-court. March 31, 1904. On February 22, 1904, in vacation, the Equitable Loan and Security Company presented to the judge of the superior court a petition in which it is alleged, that the petitioner and Mrs. Josephine Lochrane, Mrs. Lillian Lochrane Conners, Mrs. Josephine Lochrane as guardian of Elma and Willis F. Westmoreland Jr., and Mrs. Idoline Lochrane Ellard are the common owners of described real estate in that county; that the petitioner is the owner of an -undivided five twenty-fourths interest therein; that they are- all…
1Opinion of the CourtSimmons, C. J.
1. In proceedings for partition of land by means of metes and bounds there are two judgments: one interlocutory, that partition be made; the other final, that the partition be confirmed; and.it was to this interlocutory judgment that it Was held, in the case of Berryman v. Hayden, 112 Ga. 752, relied on by defendant in error, that a writ of error would not lie; "such judgment merely directing certain freeholders to make partition of the land by metes and bounds according to the Civil Code, §§4789-90, and report their findings to the court; the right being reserved to the court or. either…
2Cases cited2 opinions
- Berryman v. HadenSupreme Court of Georgia · 1901
- Farmers & Merchants Bank v. BurwellSupreme Court of Georgia · 1904
3Cited by11 opinions
- Booth v. StateSupreme Court of Georgia · 1908
- English v. PooleCourt of Appeals of Georgia · 1924
- National Brake & Electric Co. v. ChristensenCourt of Appeals for the Seventh Circuit · 1919
- Oswald v. JohnsonSupreme Court of Georgia · 1913
- Cock v. CallawaySupreme Court of Georgia · 1914
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