Martin v. Southern Federal Savings Loan Assn.

Supreme Court of Georgia

Martin v. Southern Federal Savings Loan Assn.

53 S.E.2d 753, 205 Ga. 356, 1949 Ga. LEXIS 376

Supreme Court of Georgia·Decided June 13, 1949·No. 16664.·Published·Cited by 1 cases

Opinion

1. The petition to amend the bill of exceptions by designating named parties as defendants in error is allowed and it is amended accordingly.

2. The sole relief sought against the demurrants, the defendants in error, is predicated upon alleged fraud of their original grantor, but it is not alleged that any of them were parties to such fraud or had knowledge thereof. Accordingly, no cause of action is alleged, and the court did not err in sustaining the general demurrer and dismissing the action. Martin v. Home Owners' Loan Corp., 203 Ga. 480 (48 S.E.2d 376).

Judgment affirmed. All the Justicesconcur.

No. 16664. JUNE 13, 1949. *Page 357

Free access — add to your briefcase to read the full text and ask questions with AI

1. The petition to amend the bill of exceptions by designating named parties as defendants in error is allowed and it is amended accordingly.

2. The sole relief sought against the demurrants, the defendants in error, is predicated upon alleged fraud of their original grantor, but it is not alleged that any of them were parties to such fraud or had knowledge thereof. Accordingly, no cause of action is alleged, and the court did not err in sustaining the general demurrer and dismissing the action. Martin v. Home Owners' Loan Corp., 203 Ga. 480 (48 S.E.2d 376).

Judgment affirmed. All the Justicesconcur.

No. 16664. JUNE 13, 1949. *Page 357

Martin v. Southern Federal Savings Loan Assn., 53 S.E.2d 753, 205 Ga. 356, 1949 Ga. LEXIS 376 (Ga. 1949).

Pincite

53 S.E.2d 753 (Martin v. Southern Federal Savings Loan Assn.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related