Kelly v. Fischer

The circuit court of Effingham county sustained the demurrer of Frederick Fischer, appellee, to the bill of William R. Kelly, appellant, filed to enforce the specific performance of a contract by compelling a conveyance of four lots bought by appellant at a public sale held by appellee. The demurrer set up the Statute of Frauds and Perjuries, and the court having sustained the demurrer the appellant stood by his bill, whereupon the court dismissed it for want of equity and rendered judgment against him for costs.

The following facts were confessed by the demurrer: The defendant owned lots 9,…