Black v. Black
Supreme Court of Georgia
In Equity, in Marion Superior Court. Decision on demurrer, by Judge Crawford, February Term, 1854. The bill filed by Robert C. Black, in this case, alleged, that in 1849, E. G. Cabaniss purchased certain parcels of land, on behalf of himself, Wm.
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In Equity, in Marion Superior Court. Decision on demurrer, by Judge Crawford, February Term, 1854. The bill filed by Robert C. Black, in this case, alleged, that in 1849, E. G. Cabaniss purchased certain parcels of land, on behalf of himself, Wm. A. Black and Wiley Powers, in equal interests, with a view to lay out a portion thereof in city lots, ■in the contemplated Oglethorpe City, and to dispose of the same, and the balance of the land, on speculation, for the benefit of the said partners; that in 1849, William A. Black sold to complainant, “ for a valuable consideration”, the one-third…
1Opinion of the Court
By the Court.
Starnes,, J.,
delivering the opinion.
[1.] The defendant, in the Court below, filed his general demurrer, and also, by his plea, relied upon the Statute of Frauds, *448as a bar to complainant’s right to recovery. The plea was intended as a pure plea,, and was bad, because it did not bring forward some new matter, displacing the equity of the bill. The matter brought forward, was that which already as distinctly appeared in the bill, viz : that the contract set out, was a contract or sale of lands, or an interest in, or concerning them, and was void by the operation of the Statute of…
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