Wynne v. Alford
Supreme Court of Georgia
In Equity, from Richmond county. Decision on demurrer, by Judge Holt, July, 1859. This was a bill filed by Thomas Wynne and Cecelia, his wife, by her next friend, against James H. Alford, executor of Guilford Alford, deceased.
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In Equity, from Richmond county. Decision on demurrer, by Judge Holt, July, 1859. This was a bill filed by Thomas Wynne and Cecelia, his wife, by her next friend, against James H. Alford, executor of Guilford Alford, deceased. The bill alleges, that Thomas Wynne, one of the complainants, being indebted to the said Guilford Alford, in his lifetime, the sum of #1,500 00, executed to him a mortgage on three negroes, to-wit: Amanda, Alfred and Rachel, to secure the payment of said debt — the slaves being worth #2,500 00. That the debt not being paid at maturity, the said Guilford foreclosed said…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
As the bill in this case stands, it is defective in two particulars.
It fails to charge distinctly that there was a contract between the parties to the effect, that Alford should buy in the *696three 'negroes, under his mortgage foreclosure, and after crediting the execution with the value of two of them, to-wit: Alfred and Rachel, and paymentshould be made to him of the balance of his debt by Wynne and wife, he would settle upon Mrs. Wynne, to her separate use for life, with remainder to her children, the girl Amanda. And that Wynne, the husband,…
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