Hopkins v. Vance
Supreme Court of Georgia
Petition for injunction. Before Judge-Hutcheson. Campbell superior court. October 31, 1931. G. T. Hopkins filed an equitable petition for injunction and other relief against G. W. Phillips et al., as defendants, alleging in substance the following facts: P. L. Phillips, a citizen of Payette County, on January 39, 1906, executed his last will and testament in which he named G. W. and Oscar Phillips as executors of the will.
Read the full summary
Petition for injunction. Before Judge-Hutcheson. Campbell superior court. October 31, 1931. G. T. Hopkins filed an equitable petition for injunction and other relief against G. W. Phillips et al., as defendants, alleging in substance the following facts: P. L. Phillips, a citizen of Payette County, on January 39, 1906, executed his last will and testament in which he named G. W. and Oscar Phillips as executors of the will. Testator died in February, 1918. The fourth item of the will was as follows: “ I give and bequeath to my chil- _ dren, Oscar, C. H. Phillips, G. W. Phillips, Belle…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. The order issued by the trial judge on the interlocutory hearing provided that a writ of possession issue in favor of A. T. Vance, the purchaser of the house and lot, “ for the premises recovered.” This was error which requires a reversal of the judgment. Whatever remedy, if sjij, the defendañts in error may have for the recovery of the property in controversy, they can not recover and have a writ of possession issue to them at an interlocutory hearing. Dekle v. McLeod, 144 Ga. 289 (2) (86 S. E. 1082). In the ease cited it was said : “ It is not the…
2Cases cited2 opinions
- Dekle v. McLeodSupreme Court of Georgia · 1915
- Kerr v. BlackSupreme Court of Georgia · 1912
3Cited by9 opinions
- Beck v. KahSupreme Court of Georgia · 1926
- Bond v. HarrisonSupreme Court of Georgia · 1933
- Oliver v. ForsheeSupreme Court of Georgia · 1968
- Smith v. WoodSupreme Court of Georgia · 1938
- Smith v. BillingsCourt of Appeals of Georgia · 1974
4 more not listed; retrieve them via the Exa API.