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204 Ga. 98

48 S.E.2d 727

Hazelrigs v. Butler

Supreme Court of Georgia

Decided June 17, 1948

Supreme Court of Georgia · decided 1948-06-17

Relies on Dorsey v. Green · Arteaga v. Arteaga · Reeves v. Tarnok

Good law ✅— No negative treatment on recordhow we know

Decided 1948-06-17

How this case has been cited

Cited by 9 later decisions — most recently February 1966

9 state decisions

60194819501960decided

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, Justice.

¶1 1. In so far as the petition sought cancellation of the deed it was subject to demurrer. The grantor having died intestate, there being no administration on his estate, and the petitioner not being the sole heir at law, a petition for cancellation could not be maintained, as in such cases both the grantor and the grantee are necessary parties. Reeves v. Tarnok, 161 Ga. 838 (3) (131 S. E. 891), and citations.

¶2 2. The petitioner alleging that the grantor in the security deed had sold to her a one-half interest in the property, for which she paid $700, that the grantor refused to execute her a deed therefor, and that the grantee in the security deed took the same without consideration and with knowledge of her equity therein, the petition set forth a cause of action for some of the relief prayed; and, accordingly, the trial judge did not err in overruling a general demurrer thereto and in granting a temporary injunction. Arteaga v. Arteaga, 169 Ga. 595 (151 S. E. 5); Dorsey v. Green, 202 Ga. 655 (44 S. E. 2d, 377).

¶3 3. The defects pointed out in the special demurrer were cured by amendment.

¶4 Judgments affirmed.

All the Justices concur, except Bell and Wyatt, JJ., absent on account of illness. *99 Charles W. Anderson, for plaintiff in error. Leonard Pennisi and J. B. Wofford, contra.
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