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IVEY v. SIMPKINS

22640.

220 Ga. 384 (1964)

139 S.E.2d 316

IVEY, Executrix, et al. v. SIMPKINS et al.

Supreme Court of Georgia.

Decided November 5, 1964.

Attorney(s) appearing for the Case

W. B. Mitchell, for plaintiffs in error.

Harold G. Clarke, Hugh D. Sosebee, Ernest M. Smith, contra.

CANDLER, Justice.

Alleging joint or common ownership thereof, the plaintiffs filed this proceeding in the Superior Court of Monroe County against the defendants to partition a described tract of land. The exception here is to a judgment sustaining a motion which the defendants made for a summary judgment in their behalf. With respect to this exception, the record shows: J. E. Simpkins, a resident of Monroe County, Ga., died on July 10, 1929, owning at the time of...

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