Gaulden v. Mills
Cases that cite this one
2 later published cases cite this decision.
- Reece v. Smith (Ga. 2003)
- Cheeves v. Lacksen (Ga. 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.