Legal Opinion

McKinney v. Burns

Supreme Court of Georgia

Decided August 15, 1860PublishedCited by 16 opinions

In Equity, in Eloyd Superior Court. Tried before Judge Hammond, at the July Term, i860. This was a bill in equity, -filed by Henry Burns and his wife, Cynthia Bums, formerly Cynthia McKinney, and their minor children, suing by the said Henry Burns, as their father and next friend, against John McKinney and Charles McKinney, administrators of Samuel McKinney, deceased.

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In Equity, in Eloyd Superior Court. Tried before Judge Hammond, at the July Term, i860. This was a bill in equity, -filed by Henry Burns and his wife, Cynthia Bums, formerly Cynthia McKinney, and their minor children, suing by the said Henry Burns, as their father and next friend, against John McKinney and Charles McKinney, administrators of Samuel McKinney, deceased. The bill alleges: That, in the year 1849, Henry Burns purchased and paid for, out of his own funds, the undivided half of lot of land number 96, in the fifth district of the fourth section of originally Cherokee, now Eloyd…

1Opinion of the Court

By the Court.

Lumpkin, J.,

delivering the opinion.

Bums, in 1836, placed in the hands of McKinney, his father-in-law, $150.00, to purchase a negro to be settled upon Burns’ wife and children — the daughter and grandchildren of McKinney.

In 1849, Burns bought the one-half of a lot of land, and needing money, he called upon McKinney for the $150.00 which he had never invested in a negro, as he promised to do. McKinney made some effort to raise the $150.00. He proposed to Burns that if he would make him a deed to the land which he, Burns, and his family, were living on, he could convey the same in…

2Cited by16 opinions

  1. Guffin v. KellySupreme Court of Georgia · 1941
  2. Jackson v. JacksonSupreme Court of Georgia · 1920
  3. Williams v. SmithSupreme Court of Georgia · 1907
  4. Pittman v. PittmanSupreme Court of Georgia · 1943
  5. Hancock v. HancockSupreme Court of Georgia · 1949

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