Gaulden v. Mills

Supreme Court of Georgia

Gaulden v. Mills

239 S.E.2d 353, 240 Ga. 4, 1977 Ga. LEXIS 1368

CourtSupreme Court of Georgia

DecidedOctober 21, 1977

Docket32589

StatusPublished

Cited by2 cases

This text of 239 S.E.2d 353 (Gaulden v. Mills) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gaulden v. Mills, 239 S.E.2d 353, 240 Ga. 4, 1977 Ga. LEXIS 1368 (Ga. 1977).

Pincite

Opinion

Hill, Justice.

The defendants in this partition case sought to defend on the ground that the plaintiff acquired his interest in the land from defendants’ brother and sister (who are not parties) by fraud, undue influence and grossly inadequate consideration. The trial court struck that defense and ordered the property sold. Defendants appeal.

A defendant co-tenant cannot defeat partition on the ground that the co-tenant seeking partition acquired his interest illegally from a third person who is not a party to the case. Sewell v. Holland, 61 Ga. 608 (3) (1878).

Judgment affirmed.

All the Justices concur.

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