Hancock v. Hancock

Grice, Justice.

The grant of a summary judgment decreeing specific performance of an agreement for equal division of certain property, and other relief, is the subject matter of this appeal. The judgment complained of arose from a suit filed in the Superior Court of Upson County by Arvin Marion Hancock against his brother William Sanford Hancock. In granting the summary judgment the trial judge had before him 'the petition, answer and cross bill, depositions of both parties, and the affidavit of the plaintiff.

The petition, insofar as material here, made the allegations which follow. The…