Knight v. Knight
Supreme Court of Georgia
In equity, in Spalding superior court. Decision on demurrer, by Judge Cabaniss, at November Term, 1858. This was a bill by Peter Knight against William Knight, to enjoin and restrain him from the collection of a note against complainant amounting to over one thousand dollars.
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In equity, in Spalding superior court. Decision on demurrer, by Judge Cabaniss, at November Term, 1858. This was a bill by Peter Knight against William Knight, to enjoin and restrain him from the collection of a note against complainant amounting to over one thousand dollars. The bill, in substance, states that about the year 1887 Charles Knight, the father of complainant and defendant, died in the county of Henry, leaving his last will and testament, by which he gave his entire estate (except a few small specified legacies, which have long since been delivered,) to his wife, Sarah Knight,…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
Was the court below right iu overruling the demurrer to the bill ?
The grounds of the demurrer were, that the case made by the bill was a case within the statute of frauds; a case within the rule forbidding the admission of parol evidence to vary a writiug: and a case in which there was a complete remedy at law. Were any of these grounds good ?
As to the first — The agreement, it is true, related in part to land; but it was an agreement nearly fully performed on both sides. The1 life tenant was a very old person. It had been very largely acted on…
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