Reports of Cases Argued and Decided in the Supreme Court of Georgia at the Volume 98 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 Excerpt: ...Gober. Milton superior court. August term, 1895. T. L. Lewis, for plaintiff in error. J. P. Brooke, contra. Lumpkin, Justice. This was an action by Mrs. Cain against her brother, T. A. Autrey, upon his promissory note, payable to herself, for the sum of $50. The judge, who tried the case without a jury, rendered a judgment in her favor, and defendant excepted. It appeared at the trial, that the plaintiff and the defendant were heirs at law of K. M. Autrey, each being entitled to an undivided one seventh of his estate, which was solvent. Among other property, the deceased had claimed to he the owner of a tract of land known as the "Tribble place," but there was some sort of "lawsuit"--the nature of which the record before us does not disclose--between one Eva Webb and the administrators of R. M. Autrey concerning this tract of land. While this litigation was pending, Mrs. Cain sold her interest as an heir at law of her father in this particular land to T. A. Autrey, taking for the same the note sued on. Attached to the note was an agreement, signed by her, in the following words: "The condition of the above note is such that all lands known as the Tribble place are held by the estate of R. M. Autrey, then this is collectible; if only part is held by the said estate, then it shall be collectible only pro rata." The "lawsuit" resulted in a verdict vesting the title to the Tribble place in the estate, upon the payment by the administrators of $250 to Eva Webb and the costs of the suit. The administrators paid these sums out of assets other than the Tribble place; sold the latter, and with Mrs. Cain's consent, paid over to T. A. Autrey her full share of its proceeds, without deduction. The defendant contended that one seve...