Piercy v. Adams
Supreme Court of Georgia
In Equity, from Fannin Superior Court. Decision on demurrer, by Judge Trippe, at November Term 1856. This was a bill filed by William E. Piercy and others, children of William W. Piercy, deceased, against David Adams and Chlorinda, his wife, who was the widow of Adolphus Piercy, a deceased brother of complainants.
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In Equity, from Fannin Superior Court. Decision on demurrer, by Judge Trippe, at November Term 1856. This was a bill filed by William E. Piercy and others, children of William W. Piercy, deceased, against David Adams and Chlorinda, his wife, who was the widow of Adolphus Piercy, a deceased brother of complainants. The allegations of the bill, in substance are, that in the year 1851, William W. Piercy, father of complainants and said Adolphus, then in life, negotiated an exchange of lands, which he owned in the county of Murray, for two lots in the county of Fannin, belonging to Lazarus Patett…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
This is a bill to enforce a contract respecting an interest in lands.
The bill sets forth a contract, but does not disclose whether that contract was in writing or not. The sole ground of demurrer is, that the bill does not show that the contract was in writing.
The bill need not state whether the contract was in writing or not. The allegations of the bill, when it comes to be heard, must be supported by competent proof. The contract is matter of proof. The judgment of the Court, therefore, sustaining the demurrer must be reversed.
Judgment…
2Cited by2 opinions
- Draper, Moore & Co. v. Macon Dry Goods Co.Supreme Court of Georgia · 1898
- Williams v. BernathCourt of Appeals of Georgia · 1939