Lowry v. Lowry
Supreme Court of Georgia
Partition of land. Before Judge Tarver. Bartow superior court. July 16, 1919. Dr. Tanner Lowry filed a statutory petition for partition. He named Mrs. S. E. Lowry (his mother) and his brothers and sisters as tenants in common and as defendants in the proceeding. He claimed one ninth undivided interest in the land described in his petition, as heir at law of Daniel Lowry, his father.
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Partition of land. Before Judge Tarver. Bartow superior court. July 16, 1919. Dr. Tanner Lowry filed a statutory petition for partition. He named Mrs. S. E. Lowry (his mother) and his brothers and sisters as tenants in common and as defendants in the proceeding. He claimed one ninth undivided interest in the land described in his petition, as heir at law of Daniel Lowry, his father. He alleged that Daniel Lowry was the owner of the land, that he was seized and possessed of the same at the time of his death, and that he died intestate. Mrs. Lowry filed a defense, denying the plaintiff’s title,…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) Daniel Lowry was seized and possessed of the land described in the petition at the time of his death. Prior to his death he executed two deeds to his wife, Mrs. Sarah E. Lowry. These deeds covered the land in controversy. The plaintiff in the partition proceeding contended, and offered evidence tending to show, that the deeds were never in fact delivered. Objection was made to the admission of this evidence, upon the ground that in a statutory proceeding for partition, and especially without pleadings for that purpose, the plaintiff could not question the…
2Cases cited12 opinions
- Wellborn v. WeaverSupreme Court of Georgia · 1855
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- Watkins v. NugenSupreme Court of Georgia · 1903
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- Mays v. FletcherSupreme Court of Georgia · 1911
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3Cited by17 opinions
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