Gay v. Peacock
Supreme Court of Georgia
Equity ,Pleacbngs. Fraud. Charge of Court. Exceptions. Before Judge Johnson. Schley Superior Court, October Term, 1869. Benajah T. Peacock, Menzes R. Barnes, and Jacob M. Gay, made and delivered to George W. Mott, their joint and several promissory note for $687 50, dated the 25th December, 1866, due twelve months after date, and payable to said Mott, or bearer. On the 26th of December, 1867, Mott sued said parties on' said note.
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Equity ,Pleacbngs. Fraud. Charge of Court. Exceptions. Before Judge Johnson. Schley Superior Court, October Term, 1869. Benajah T. Peacock, Menzes R. Barnes, and Jacob M. Gay, made and delivered to George W. Mott, their joint and several promissory note for $687 50, dated the 25th December, 1866, due twelve months after date, and payable to said Mott, or bearer. On the 26th of December, 1867, Mott sued said parties on' said note. Pending this action, Gay filed his bill in equity, containing the following averments and prayers. About the 25th of December, 1866, said B.. T. Peacock and Barnes,…
1Opinion of the CourtMcCAY, J.
The leading question in this record, is whether the facts, as developed by the testimony, show such a complicity, by old Mr. Peacock, in the fraud, evidently practiced by his son and Barnes, on Gay, as to make the land, the legal title, to which is in him, subject to the debt. We see nothing in the testimony to justify the inference that Benajah T. Peacock, the father, knew of, or had the least to- do- with, the fraud. Pie seems to have advanced his money honestly and unsuspiciously, and when his son presented him the title to the land, properly signed by old Mr. Mott, and witnessed by…
2Cited by1 opinion
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