Legal Opinion

Bryan v. Osborne

Supreme Court of Georgia

Decided August 15, 1878PublishedCited by 3 opinions

Equity. Practice in tbe Superior Court. Decree. Before Judge Crawford. Muscogee Superior Court. May Term, 1878. Osborn sued Bryan on a note for the purchase money of land.

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Equity. Practice in tbe Superior Court. Decree. Before Judge Crawford. Muscogee Superior Court. May Term, 1878. Osborn sued Bryan on a note for the purchase money of land. Defendant filed an equitable plea as follows: He purchased said place mentioned in said note from Alex O. Morrison, the brother of Mrs. Osborne, as her agent; he paid in cash $100, and gave his notes for the balance, $800, in three equal installments; on the 24th January, 1872, the plaintiff, who was the son and agent of Mrs. Osborne, took up and destroyed the notes aforesaid, and the defendant gave three notes in which was…

1Opinion of the Court

Jackson, Justice.

Osborne sued Bryan on a note, the consideration of which was land sold to Bryan. This was the last note due, the others having been paid. Bryan filed an equitable plea, which is set out in the record ; the court submitted certain issues to be passed upon by the jury, and entered a decree thereon that Bryan pay the note. "Whereupon Bryan excepted on two grounds : first, because the court did not submit issues enough to the jury to elicit sufficient facts whereon to predicate a decree; and,.secondly, because the'facts found by the jury did not authorize the decree.

1. The court…

2Cases cited1 opinion

  1. McManus v. CookSupreme Court of Georgia · 1877

3Cited by3 opinions

  1. Metropolitan Life Insurance v. SaulSupreme Court of Georgia · 1939
  2. Berry v. BrunsonSupreme Court of Georgia · 1928
  3. Allen v. AllenSupreme Court of Georgia · 1944

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