Smith v. Towns

Decided July 14, 1900

Supreme Court of Georgia · decided 1900-07-14

Complaint for land. Before Judge Henry. Floyd superior court. July term, 1899. On .June 27, 1899, C. M. Towns, for himself and as next friend of two minor Towns children, sued Smith to recover a three-fourths undivided interest in a city lot. Attached to the petition is a deed dated June 22, 1885, from J. H. Cooper to Mary W. Towns and the heirs of her body born and to be horn.

Relies on Ewing v. Shropshire

Decided 1900-07-14

Lewis, J.

¶1This case is controlled by the decision of this court in Ewing v. Shropshire, 80 Ga. 374, and it follows that the court erred in overruling the demurrer to the plaintiffs’ petition.,

¶2Judgment reversed.

All the Justices concurring.Halsted Smith, for plaintiffs in error.Nat. Harris and J. H. HosJcinson, contra.