Rosser v. Cheney
Supreme Court of Georgia
Practice in the Superior Court.' Verdict. Before Judge Speer. Rockdale Superior Court. August Term, 1879. To the report contained in the decision it is only necessary to add that the court ordered the ejectment case of Cheney et al. vs. Rosser and the equity case of Rosser vs. Cheney et al., brought to enjoin the ejectment case, to be tried together, over the objection of defendant in ejectment, and this is one of the errors complained of.
1Opinion of the Court
Jackson, Justice.
This case was before this court as reported in 54 Ga., 168, when it was held that the purchaser, J losser, was affected with notice of the recitals in the deed from Cheney and wife to Russell, under whom Rosser held: and that those recitals showed that the property bought was homestead for the family, and the conveyance by husband and wife without the assent of the ordinary passed no title. That decision in the 54th fixed the law of the case in ejectment on the facts thereof. Subsequently the defendant in ejectment brought a bill in equity enjoining the suit in ejectment, and…
2Cases cited3 opinions
- Cheney v. RodgersSupreme Court of Georgia · 1875
- Rosser v. CheneySupreme Court of Georgia · 1878
- Cheney v. RosserSupreme Court of Georgia · 1877
3Cited by3 opinions
- Boonville National Bank v. BlakeyIndiana Supreme Court · 1906
- Spinks v. LaGrange Banking & Trust Co.Supreme Court of Georgia · 1925
- White v. Interstate Building & Loan Ass'nSupreme Court of Georgia · 1898