Legal Opinion

Spinks v. Glenn

Supreme Court of Georgia

Decided May 15, 1881PublishedCited by 8 opinions

Evidence. Trusts. Mortgages. Practice in Supreme Court. Deeds. Title. Before Judge WILLIS. Muscogee Superior Court. May Term, 1881. Spinks, as trustee for his wife and children, brought complaint for land against Cameron.as tenant in possession. Glenn, as landlord, became a- party.

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Evidence. Trusts. Mortgages. Practice in Supreme Court. Deeds. Title. Before Judge WILLIS. Muscogee Superior Court. May Term, 1881. Spinks, as trustee for his wife and children, brought complaint for land against Cameron.as tenant in possession. Glenn, as landlord, became a- party. On the trial the following facts, in brief, appeared: In 1862 Spinks made and delivered to himself, as trustee for his wife and children, a written instrument having the general form of a deed of gift, in which he recited that the father of . his wife had died, leaving an estate in which she was entitled to share ;…

1Opinion of the Court

Jackson, Chief Justice.

This was an action of ejectment brought in the statutory form by a trustee for his wife and children to recover a tract of land bought at sheriff’s sale of the property under a judgment of foreclosure of a mortgage against the husband and wife. The verdict is for the defendant; there is no motion for a new trial, but error is assigned upon divers rulings of the court on the admission or rejection of testimony and in charging the jury. The bill of exceptions is expanded over great territory, and much of that territory at first glance looks like a wilderness of confusion,…

2Cases cited3 opinions

  1. Gardner, Dexter & Co. v. Moore, Trimble & Co.Supreme Court of Georgia · 1874
  2. Reich v. StateSupreme Court of Georgia · 1879
  3. Papot v. GibsonSupreme Court of Georgia · 1849

3Cited by8 opinions

  1. Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
  2. Malette v. WrightSupreme Court of Georgia · 1904
  3. Cox v. ZuckerSupreme Court of Georgia · 1958
  4. Lee v. O'QuinSupreme Court of Georgia · 1898
  5. New South Building & Loan Ass'n v. GannSupreme Court of Georgia · 1897

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