Lane v. Newton
Supreme Court of Georgia
Equitable petition. Before Judge Rawlings. Jenkins superior court. March 1, 1912. J. D. Newton and A. H. C. Newton brought their petition against Elmira Lane and her sons, Remer, John, and Thomas, alleging in substance as follows: In 1908, T. J. Lane was indebted to the Daniel Sons & Palmer Company in a sum represented by notes aggregating $195.77, and on another note for the amount of $94.80 principal, besides interest and attorney’s fees.
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Equitable petition. Before Judge Rawlings. Jenkins superior court. March 1, 1912. J. D. Newton and A. H. C. Newton brought their petition against Elmira Lane and her sons, Remer, John, and Thomas, alleging in substance as follows: In 1908, T. J. Lane was indebted to the Daniel Sons & Palmer Company in a sum represented by notes aggregating $195.77, and on another note for the amount of $94.80 principal, besides interest and attorney’s fees. The creditor also had a mortgage on certain live stock and other personal property, much of which remains in the hands of the defendants. The creditor…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. Where creditors seek by equitable petition to cancel a deed made by a husband to his wife, it is necessary to make the grantor a party defendant. Palmer v. Inman, 122 Ga. 226 (50 S. E. 86) ; Paulk v. Ensign-Oskamp Co., 123 Ga. 467-469 (51 S. E. 344). If he is dead, his legal representative must be made a party, or a sufficient reason shown to excuse the failure to do so. In this case the plaintiffs brought their petition against the wife of the decedent and three of his sons, who were alleged to be adults, but it does not *419appear that these were all of…
2Cases cited9 opinions
- Martin v. WhiteSupreme Court of Georgia · 1902
- Savage v. . MurphyNew York Court of Appeals · 1866
- First National Bank v. BaylessSupreme Court of Georgia · 1895
- McCowan v. BrooksSupreme Court of Georgia · 1901
- Rudy v. AustinSupreme Court of Arkansas · 1892
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3Cited by16 opinions
- Stephens v. WalkerSupreme Court of Georgia · 1942
- Sullivan v. GinsbergSupreme Court of Georgia · 1935
- Almand v. ThomasSupreme Court of Georgia · 1918
- Edwards v. United Food Brokers Inc.Supreme Court of Georgia · 1942
- Hartnett v. DoyleCourt of Appeals of Tennessee · 1932
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