Burney v. Arnold
Supreme Court of Georgia
Complaint for land. Before Judge Lewis. Morgan superior court. On June 6, 1855, shortly prior, to their marriage, John. W. Burney and Fannie. C. Walker, residents of Morgan Copnty, Ga., executed an agreement reciting as follows: fiWhereas marriage is contemplated shortly to be solemnized between said John. W. and Fannie 0., and whereas the said John.W. Burney is desirous of protecting .the said Fannie C. against, the, pecuniary, misfortunes of life.
Read the full summary
Complaint for land. Before Judge Lewis. Morgan superior court. On June 6, 1855, shortly prior, to their marriage, John. W. Burney and Fannie. C. Walker, residents of Morgan Copnty, Ga., executed an agreement reciting as follows: fiWhereas marriage is contemplated shortly to be solemnized between said John. W. and Fannie 0., and whereas the said John.W. Burney is desirous of protecting .the said Fannie C. against, the, pecuniary, misfortunes of life. Now the said John W., for and in consideration of the ■said contemplated marriage, hath released and relinquished and doth by these presents…
1Opinion of the CourtHolden, J.
(After stating the facts.)
1. One of the questions to be decided in this case is whether the rights of the parties are governed by the terms of the ante-nuptial contract, or by the provisions of the deed. The contract expressed in the antenuptial agreement was executory. John W. Burney was to become the trustee of his wife after the consummation of their marriage. The deed, which does not acknowledge the receipt by him of any property referred to in the antenuptial agreement, except the $5,000 in money, states that he “did use the same for his individual purposes,” and further recites that he,…
2Cases cited4 opinions
- Fields v. LewisSupreme Court of Georgia · 1903
- McGinnis v. FosterSupreme Court of Georgia · 1848
- Logan v. GoodallSupreme Court of Georgia · 1871
- Shepard v. ShepardNew York Supreme Court · 1893
3Cited by21 opinions
- Harris v. McDonaldSupreme Court of Georgia · 1921
- MacOn Telegraph Publishing Co. v. GradenCourt of Appeals of Georgia · 1949
- Gilmore v. GilmoreSupreme Court of Georgia · 1944
- Busick v. BusickIndiana Court of Appeals · 1917
- Adams v. BishopCourt of Appeals of Georgia · 1931
16 more not listed; retrieve them via the Exa API.