Gay v. Gay

• Decision Date: 17 March 1899
• Citation: 32 S.E. 846,108 Ga. 739
• Parties: GAY et al. v. GAY.
• Court: Georgia Supreme Court

32 S.E. 846

108 Ga. 739

GAY et al. v. GAY.

Supreme Court of Georgia

March 17, 1899

Syllabus by the Court.

1. It appearing that the question made in the cross bill of exceptions is controlling upon the case as a whole, it has been first considered; and, inasmuch as the judgment therein is reversed, there is no occasion for determining the errors alleged in the main bill of exceptions. Cheshire v. Williams, 29 S.E. 191. 101 Ga. 814.

2. Upon the line of construction indicated by this court in White v. Hopkins, 4 S.E. 863, 80 Ga. 154, which has since been followed in Goff v. Davenport, 23 S.E. 395, 96 Ga. 423, and Guthrie v. Guthrie, 31 S.E. 40, the instrument under consideration in the present case was a deed, and not a will.

Error from superior court, Emanuel county; R. L. Gamble, Judge.

Action by J. W. Gay, administrator, and others, against C. M. Gay. From the judgment both parties bring error. Reversed on cross bill, and main bill of exceptions dismissed.

P. W. Williams and Williams & Williams, for plaintiffs in error.

Saffold & Mitchell, for defendant in error.

PER CURIAM.

Judgment reversed on cross bill of exceptions; main bill of exceptions dismissed.