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57 Ga. 523

Bailey v. Simpson

Supreme Court of Georgia

Decided July 15, 1876

Supreme Court of Georgia · decided 1876-07-15

Deeds. Inheritance. Equity. Injunction. Before Judge Harris. Camden Superior Court. April Term, 1876. Bailey, as next friend of J. A. Dufour, a minor, filed his bill, making, in brief, the following case: Mary R. Dufour was possessed, by inheritance from her father, (John Bailey,) and bj>- deed of trust from her husband, A. B. Dufour, of an undivided third interest in a certain described lot of land in Camden county, known as the Woodbine plantation..

Cited by 1 later decisions — most recently October 1945

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-07-15

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Bleckley, Judge.

¶1Grant that the deed by husband to wife passed title, the title returned to the husband when the wife died, as the law of inheritance formerly stood. It does not appear that the wife died after the law was changed, and the j? urden of making this appear was on the complainant. Moreover, if the complainant had title, it could have been asserted by the interposition of a claim — there was no need for injunction. The allegation that, without injunction, the complainant’s injury would be irremediable, is of no value, for a state of facts is not presented from which such injury is likely to accrue. For aught that appears, all apprehended injury might be prevented by interposing a claim in the usual statutory method.

¶2Judgment affirmed.

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