Willcoxon v. Eason
Supreme Court of Georgia
In Equity, in Coweta Superior Court. Decided by Judge Bull, September Term, 1855. This was a bill filed by Harrison Eason, against John B. Willcoxon, administrator of Moses Kelly, deceased, Thomas M. Kelly, John C. Wright and Bailus Dyer, sotting forth the following case: That in 1849, the said Moses Kelly, then in life, being old and infirm, and being deserted by his family, moved by consideration of love and affection towards complainant and his wife, who was the neice of…
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In Equity, in Coweta Superior Court. Decided by Judge Bull, September Term, 1855. This was a bill filed by Harrison Eason, against John B. Willcoxon, administrator of Moses Kelly, deceased, Thomas M. Kelly, John C. Wright and Bailus Dyer, sotting forth the following case: That in 1849, the said Moses Kelly, then in life, being old and infirm, and being deserted by his family, moved by consideration of love and affection towards complainant and his wife, who was the neice of said Moses, as well as in consideration of a bond given by complainant to take care of and maintain him as long as he…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] We think this bill should be retained till the hearing, or at least, until the answers of the defendants come in. Willcoxon is but a stake holder, the real parties being Eason and the distributees of Moses Kelly. If the purchase made -of the three distributees is founded upon a consideration so *567grossly, inadequate-as that, in connection with other circumstances attending the transaction, it cannot be enforced, let a Court and Jury decree its rescisión. But before this is done, the money paid by Eason should be refunded.
[2.] The main question…
2Cited by1 opinion
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