Legal Opinion

Chandler v. Chandler

Supreme Court of Georgia

Decided February 15, 1879PublishedCited by 9 opinions

* Contracts. Gifts. Account. Payment. Statute of limitations. • Before Judge Bartlett. Pike Superior Court. April Adjourned Term, 1878. In March, 1877, John Chandler brought complaint against W. H. Chandler on an account for $160.00, besides interest, alleging that there were ten legatees equally interested in his father’s estate; that they sold a lot of land, the propérty of said estate, to defendant for $1,600.00, to one-tenth of which, $160.00, the plaintiff is entitled;…

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* Contracts. Gifts. Account. Payment. Statute of limitations. • Before Judge Bartlett. Pike Superior Court. April Adjourned Term, 1878. In March, 1877, John Chandler brought complaint against W. H. Chandler on an account for $160.00, besides interest, alleging that there were ten legatees equally interested in his father’s estate; that they sold a lot of land, the propérty of said estate, to defendant for $1,600.00, to one-tenth of which, $160.00, the plaintiff is entitled; that defendant agreed to pay to him said sum of $160.00 for his interest in the same, but has since refused to do so.…

1Opinion of the Court

Bleckley, Justice.

1. Two brothers being by parol contract. debtor and creditorj and the latter being (perhaps) debtor to a sister, the brothers arranged among themselves, the sister not being present, that what the debtor-brother owed to the creditor-brother should be paid to the sister. Whether the money was intended as a gift to the sister was not declared. It does not appear that the creditor and the sister ever had any conversation on the subject, or that she ever canceled, released or relinquished any claim upon him or entered anything to his credit. The debtor informed her that he was…

2Cited by9 opinions

  1. Trauner v. Stephenson Associates, Inc. (In Re Valles Mechanical Industries, Inc.)United States Bankruptcy Court, N.D. Georgia · 1982
  2. Smith v. EarlyCourt of Appeals of Georgia · 1939
  3. Poole v. TrimbleSupreme Court of Georgia · 1898
  4. Burkhalter v. BurkhalterCourt of Appeals of Georgia · 1926
  5. Leonard v. CesaroniCourt of Appeals of Georgia · 1958

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