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136 Ga. 182

Waters v. Brownlee

Supreme Court of Georgia

Decided April 14, 1911

Supreme Court of Georgia · decided 1911-04-14

<p>Complaint for land. Before Judge Worrill. Early superior court. April 6, 1910.</p>

Relies on Conley v. Buck

Good law ✅— No negative treatment on recordhow we know

Decided 1911-04-14

How this case has been cited

Cited by 5 later decisions — most recently March 1948

5 state decisions

201911192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Atkinson, J.

¶11. A petition by children alleging that their father purchased land, taking the title in his own name, and used their money in part payment of the purchase-price, and that subsequently the land, was bought at sheriff’s sale, under prqcess against their father, by others with notice of an implied trust, who sold to others, who also had notice of the trust, and in the petition both the father and those ultimately holding under the purchaser- at sheriff’s sale being defendants, and the prayers being to declare a trust and for an accounting against each for the mesne profits during the time the respective defendants were in possession of the land, is not multifarious, nor subject to objection on the ground that there is a misjoinder of parties defendant. See Conley v. Buck, 100 Ga. 187 (28 S. E. 97).

¶22. Other grounds of demurrer to the petition were urged, and error was assigned upon the judgment overruling the demurrer; but in the brief of counsel for plaintiffs in error no question was referred to except as dealt with in the first headnote. The assignments of error on the other questions of demurrer will, therefore, be considered as abandoned.

¶3Judgment affirmed.

All the Justices concur.
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