Henderson v. Touchstone
Supreme Court of Georgia
In Equity, from Spalding Superior Court, November Term, 1856: Decision on demurrer, by Judge Green, This was a bill in equity filed by Thomas Henderson, complainant, against Nolan Touchstone, defendant, for the recovery of a negro boy named Willis.
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In Equity, from Spalding Superior Court, November Term, 1856: Decision on demurrer, by Judge Green, This was a bill in equity filed by Thomas Henderson, complainant, against Nolan Touchstone, defendant, for the recovery of a negro boy named Willis. The bill alleges jhat in the early part of 1853, complainant, Henderson, borrowed of defendant, Touchstone, a sum of money, amounting to over eight hundred dollars, and gave his several small notes for the same, including a high rate of interest, and due the 25 th December, 1853. That in March, 1854, said Touchstone demanded payment of said notes,…
1Opinion of the Court
*3 By the Court.
McDonald, J.
delivering the opinion.
The demurrer admits the truth of the statements in the bill, and the defendant, so far, rests his rights on the complainant’s own account of his case. Upon the bill alone, therefore, we put the decision of the case. The complainant owed the defendant a sum of money, and when he came to settle, he paid all but eight hundred dollars, and the defendant agreed with him, that if be would let him have the negro boy Willis at that sum, he would obligate himself in writing to reconvey him on the payment of the eight hundred dollars, the labor of the…
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