Jones v. Parker
Supreme Court of Georgia
Administrators and executors. Levy and sale. Executions. Amendment. Equity. Before Judge Bartlett.' Wilkinson Superior Court.
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Administrators and executors. Levy and sale. Executions. Amendment. Equity. Before Judge Bartlett.' Wilkinson Superior Court. April Term, 1877. So far as material to tbe question passed upon by this court, the facts of this case are the same as when it was here before (see 55 Ga., 11), with the following modifica-* tions: Prior to the new trial, the plaintiff filed an equitable proceeding, charging that his claim was a debt of Rebecca Jones, deceased; that his judgments were against her estate, Jackson being her administrator; that the land in controversy was her property at her death; that…
1Opinion of the Court
Bleckley, Judge.
This is a second appearance of the same substance, with some change of form. The case came up before as a legal case, in plain, legal clothing, 55 Oa., 11. It comes now in a mixed costume, partly legal and partly equitable. But neither in the pleadings nor the evidence is there a good equitable case; and it takes that, in both, to succeed, the legal case having been pronounced insufficient. It is impossible for a plaintiff to prevail unless he can bring together all the elements requisite to a good case at law, or a good case in equity. One or the other. He may use, in either…
2Cases cited3 opinions
- Redd v. DavisSupreme Court of Georgia · 1877
- Freeman v. BinswangerSupreme Court of Georgia · 1876
- Pryor v. LeonardSupreme Court of Georgia · 1876
3Cited by10 opinions
- Ramsey v. ColeSupreme Court of Georgia · 1889
- Butler v. FloydSupreme Court of Georgia · 1937
- Chamblee v. Atlanta Brewing & Ice Co.Supreme Court of Georgia · 1908
- Wright v. ScottSupreme Court of Georgia · 1916
- McMillan v. ToombsSupreme Court of Georgia · 1887
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