Dailey v. Springfield
Supreme Court of Georgia
Equitable petition. Before Judge Eite. Whitfield superior court. December 9, 1914. Mrs. B. ■ C. Dailey filed her petition alleging substantially as follows: Her husband, Horace Springfield, died leaving no indebtedness, and the plaintiff is his sole heir at law. This action is brought against B. W. Springfield, Bert Springfield, and John Bobertson, and is based upon a certain deed executed to her husband by B. W. Springfield.
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Equitable petition. Before Judge Eite. Whitfield superior court. December 9, 1914. Mrs. B. ■ C. Dailey filed her petition alleging substantially as follows: Her husband, Horace Springfield, died leaving no indebtedness, and the plaintiff is his sole heir at law. This action is brought against B. W. Springfield, Bert Springfield, and John Bobertson, and is based upon a certain deed executed to her husband by B. W. Springfield. The deed (a copy of which is attached as an exhibit to tire petition) recited that on October 10, 1907, B. W. Springfield, in consideration of $500, the receipt whereof…
1Opinion of the CourtHill, J.
(After stating the foregoing facts). The controlling question in the case is whether the contract as expressed in the deed from B. W. Springfield 'to Horace Springfield, as set out in the foregoing statement of facts, is legal and enforceable. Section 4117 of the Civil Code of 1910 declares: “A bare contingency or possibility can not be the subject of sale, unless there exists' a present right in the person selling, to a future benefit.” The question arises, did there exist in B. W. Springfield a present right to sell an interest in his mother’s property while she was yet living, or was the…
2Cases cited10 opinions
- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
- White & Corbitt v. Stewart & Co.Supreme Court of Georgia · 1908
- Dart v. DartSupreme Court of Connecticut · 1828
- McCall's Adm'r v. HamptonCourt of Appeals of Kentucky · 1895
- Watson v. . DoddSupreme Court of North Carolina · 1873
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3Cited by23 opinions
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- Thomas v. HudsonSupreme Court of Georgia · 1940
- Todd v. WillifordSupreme Court of Georgia · 1929
- Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
- Kennedy v. KennedySupreme Court of Georgia · 1936
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