Turner v. Peacock
Supreme Court of Georgia
Equitable petition. Before Judge Malcolm D. Jones. Bibb superior court. July 29, 1921. A petition for rescission and prayer for accounting was filed on November 9, 1920, by complainants in the court below, Peacock, Joel, and Scott, against Mrs. Alice L. Turner, executrix of the estate of A. W. Turner, deceased.
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Equitable petition. Before Judge Malcolm D. Jones. Bibb superior court. July 29, 1921. A petition for rescission and prayer for accounting was filed on November 9, 1920, by complainants in the court below, Peacock, Joel, and Scott, against Mrs. Alice L. Turner, executrix of the estate of A. W. Turner, deceased. The petition alleged, in substance, that on January 1, 1920, they entered into negotiations with one Frank Turner, agent and representative of Mrs. Alice L. Turner, executrix, for the purchase of a plantation lying in Monroe and Bibb counties, consisting of 940 acres of land, for which…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.)
1. In the second ground of the amendment to the motion for a new trial error is assigned upon the charge of the court which authorized the jury to consider the question as to whether or not the representations of the agent of Mrs. Turner, the executrix, in regard to the option upon the land were fraudulently made, and the further instruction that if they were fraudulently made such fraud would invalidate the sale of the land by the executrix. Other assignments of error in the motion for new trial and in the cross-bill of exceptions raised the question as to…
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