Andrews v. Andrews
Supreme Court of Georgia
Pleadings. Practice. Fraud. Charge of court. Before Judge Lumpkin. Hancock superior court. October term, 1889. Ou September 14, 1888, T. A. Andrews brought complaint for 217 acres of land lying in Hancock county, against W. M. Andrews. The abstract of title was, a deed from J. H. Walker, executor, to J. H. Andrews; from M. E. Andrews, administratrix, to J. 11. Elillsman; J. H. Elillsman to M. E. Andrews; and M. E. Andrews to T. A. Andrews.
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Pleadings. Practice. Fraud. Charge of court. Before Judge Lumpkin. Hancock superior court. October term, 1889. Ou September 14, 1888, T. A. Andrews brought complaint for 217 acres of land lying in Hancock county, against W. M. Andrews. The abstract of title was, a deed from J. H. Walker, executor, to J. H. Andrews; from M. E. Andrews, administratrix, to J. 11. Elillsman; J. H. Elillsman to M. E. Andrews; and M. E. Andrews to T. A. Andrews. The defendant pleaded the general issue, and as follows : The premises sued for were the property of his mother, M. E. Andrews, at the time of her death,…
1Opinion of the Court
Bleckley, Chief Justice.
1. The plea of fraud as amended, taken as a whole, would be a defence to the action if established by proof. It does not directly aver that Mrs. Andrews died intestate, or that the defendant is one of her heirs at law, but these matters are inferable from some of the facts alleged in a previous part of the answer, and there was no special demurrer. The plea was full enough to withstand a general demurrer. This being so, there was no error in refusing to strike it on motion, especially as the motion was delayed until the evidence was all in, and was based, not upon any…
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- Yancey v. KarwischSupreme Court of Georgia · 1907
- Akop v. BransonCourt of Appeals of Georgia · 1967
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