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99 Ga. 134

Kimbrough v. Kimbrough

Supreme Court of Georgia

Decided June 1, 1896

Supreme Court of Georgia · decided 1896-06-01

<p>Dispossessory warrant. Before Judge Butt. Muscogee superior court. May term, 1895.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1896-06-01

How this case has been cited

Cited by 24 later decisions — most recently November 1989

24 state decisions

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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.

View the full empirical analysis of this case →

Simmons, C. J.

¶11. Where a husband with his own money purchased and paid for a home, and deliberately and intentionally had the same conveyed to Ms wife, with no understanding or agreement that he was in any event to have an interest in the title, the transaction amounted to a gift from the husband to the wife, and as between them the property became absolutely her separate estate.

¶22. Where the husband and wife took joint possession of the property thus conveyed, and after they had lived together thereon for a time she was forced by mistreatment and cruelty on his part to leave the premises, and he remained in 'possession, he was in law her tenant at sufferance, and upon his refusing to ■surrender possession to her when so demanded, i't was her right to sue out a dispossessory warrant for the purpose of ejecting Mm. Judgment affirmed.

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