Georgia Reports Volume 107

Georgia Reports Volume 107

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...interest. 3. An equitable petition in the nature of a bill of review will not lie for the purpose of opening and reforming a judgment, in order merely to make the same binding upon a person who was not a party to the proceeding in which that judgment was rendered, when therc is no error apparent on the face of the judgment, and when such petition is not predicated!. upon any new fact, or facts, entitling the plaintiff to the relief sought. The more especially is this true when it is apparent from the allegations of the petition that there was no good reason for failingto make such person a party in the first instance. Argued February 7, --Decided May 29. 1899. Equitable petition. Before Judge Falligant. Chatham superior court. April 27, 1898. Mercer & Mercer, for plaintiff in error. Lester & Ravenel, contra. LUMPKIN, P J. An equitable petition was filed in the superior court of Chatham county by Pauline A. Durant against the Duchesse d'Auxy, the Countess d'Auxy and others. Its allegations were, in substance, as follows: On the 2d day of July, 1866, Gazaway B. Lamar executed a deed conveying to G. D. Lamar, in trust for himself and his three sisters, daughters of the grantor, certain realty in the city of Savannah. These sisters were Charlotte A. Soutter, then the wife of Robert Soutter Jr., Annie C. Lamar, and Harriet C. Lamar. The deed declared that the trustee therein named was to have and to hold the shares of these three in the property free from the debts of their husbands, and for the sole use, benefit, and advantage of themselves "and their child or children." At the date of the execution of this deed Mrs. Soutter had one living child, a son named James F. Soutter. On May 31, 1869, the superior...
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Product details

  • Paperback | 360 pages
  • 189 x 246 x 19mm | 644g
  • United States
  • English
  • black & white illustrations
  • 123697350X
  • 9781236973504