Childs v. Hayman
Supreme Court of Georgia
Parties. Judgments. Notice. Bes Adjudicata. Estoppel. Partition. Before Judge Estes. White Superior Court. October Term, 18b3. Mrs. E. P. Hayman (who alleged that she was formerly E. Y. Patton, of Henderson, N. C.) filed her petition for a partiton of certain lots of land in White county, claiming that she owned a one-eighth interest, and Childs and Nickerson seven-eighths interest.
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Parties. Judgments. Notice. Bes Adjudicata. Estoppel. Partition. Before Judge Estes. White Superior Court. October Term, 18b3. Mrs. E. P. Hayman (who alleged that she was formerly E. Y. Patton, of Henderson, N. C.) filed her petition for a partiton of certain lots of land in White county, claiming that she owned a one-eighth interest, and Childs and Nickerson seven-eighths interest. Defendants set up the following defences: (1.) That the land had already been partitioned and sold under a judgment at the October term, 1881, of court. [The proceeding pleaded as a former adjudication of this…
1Opinion of the Court
Hall, Justice.
By consent of the parties, this case was heard by the presiding judge, both as to the facts and the questions of law involved, and by him a j udginent was rendered.
By this judgment, the lands in question were directed to be sold for a partition between the parties; there being on them a gold mine, they could not be partitioned in kind. One-eighth of the net jiroceeds of the sale was awarded thereby to the petitioner and seven-eighths to respondents. The respondents were in possession of the lands and had been mining them; and in order to do this successfully had *795.been compelled,…
2Cases cited3 opinions
- Cuyler v. WayneSupreme Court of Georgia · 1879
- Tucker v. ParksSupreme Court of Georgia · 1883
- Walker v. PerrymanSupreme Court of Georgia · 1857
3Cited by12 opinions
- Elliott v. AdamsSupreme Court of Georgia · 1931
- Hill v. McCandlessSupreme Court of Georgia · 1945
- Lankford v. MilhollinSupreme Court of Georgia · 1944
- Silvey & Co. v. TiftSupreme Court of Georgia · 1905
- Sternbergh v. McClureSupreme Court of Georgia · 1961
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