McCall v. Fry
Supreme Court of Georgia
Equitable petitiou. Before Judge Mitchell. Lowndes superior court. January 18, 1904. Mrs. Fry, as executrix, of the will of N. E. Fry, brought suit in the superior court of Lowndes county against Mrs. McCall.
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Equitable petitiou. Before Judge Mitchell. Lowndes superior court. January 18, 1904. Mrs. Fry, as executrix, of the will of N. E. Fry, brought suit in the superior court of Lowndes county against Mrs. McCall. The petition alleged, that Mrs. McCall “filed a complaint for land in the superior court of said county and to the May term, 1897, of said court, against the said N. E. Fry, to recover ” a described tract; that the deed on which Mrs. McCall based her claim was a forgery; that, by reason of certain facts (set forth), Mrs.'McCall was estopped to enforce her claim; and that the petitioner…
1Opinion of the CourtCobb, J.
The petition showed on its face that the defendant had, prior to the filing of the present suit, brought an action against the plaintiff to recover possession of the laud described in the present petition. There was no allegation that this suit had culminated in a judgment, or had been dismissed, or otherwise disposed of; and it was therefore to be presumed, in the absence of an averment to the contrary, that the same was still pending. After the petition had been amended by striking therefrom the prayers for extraordinary relief, all that remained related to matters which, if constituting a…
2Cases cited3 opinions
- Waters v. PerkinsSupreme Court of Georgia · 1880
- Grubb v. KolbSupreme Court of Georgia · 1876
- Fannin v. ThomassonSupreme Court of Georgia · 1872
3Cited by27 opinions
- Central Georgia Power Co. v. CornwellSupreme Court of Georgia · 1912
- Moore v. RobinsonSupreme Court of Georgia · 1949
- Becker v. DonalsonSupreme Court of Georgia · 1910
- Cashin v. MarkwalterSupreme Court of Georgia · 1951
- State Highway Department v. H. G. Hastings Co.Supreme Court of Georgia · 1938
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