Georgia Reports Volume 74

Georgia Reports Volume 74

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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. 1886 edition. Excerpt: ... and that it appeared that the trust estate was liable. Copies of two deeds were attached to the petition to set aside the judgment. The first was by J. B. Artope to Mrs. Susan M. Artope for life, with remainder to the grantor's children. It contained the following clause: "And I hereby consent and agree that I will hold and have seized of all said property, as trustee for my said wife, as her sole and separate property, and not in any way for myself or as my property." The second deed was similar to the first, and contained this clause: "And I, the said James B. Artope, hereby covenant with said Susan M. Artope, her heirs and assigns, that I will have scizcd and possessed of said property and all of same for her and their sole and separate use and benefit, and not in any way for myself individually." Barker and the sheriff were served. Artope, trustee, does not appear to have been made a party. The case was carried to the superior court by appeal. On demurrer, the court dismissed the petition, and petitioners excepted. ' This was a motion to set aside a judgment rendered against J. B. Artope, as trustee for movants, he not being a party to this motion. The defendant in error demurred to the motion, which the court sustained, and movants excepted. The motion alleged many facts which, if true, would have defeated the judgment. The motion to set aside a j udgment, like a motion in arrest, must be grounded on defects apparent on the face of the record, and these defects must be such as are not amendable. Code, 3587. And it differs from a motion in arrest only in this, that the latter must be made during the term, while the former can be made at any time within the period of the statute of limitations Code, ...
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Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • United States
  • English
  • black & white illustrations
  • 1236776437
  • 9781236776433