Pollock v. Gilbert
Supreme Court of Georgia
In Equity, in Houston Superior Court. Demurrer. Decision made by Judge Hardeman, May Term, 1854. This bill was filed by "Wm. P. Gilbert, executor of Wm.. Smith, deceased, George Walker and George W. Jourdan,. against Thomas Pollock, administrator of Risdon Smith, deceased. The till alleges, that in 1847, while sick and in contemplation of his death, Wm.
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In Equity, in Houston Superior Court. Demurrer. Decision made by Judge Hardeman, May Term, 1854. This bill was filed by "Wm. P. Gilbert, executor of Wm.. Smith, deceased, George Walker and George W. Jourdan,. against Thomas Pollock, administrator of Risdon Smith, deceased. The till alleges, that in 1847, while sick and in contemplation of his death, Wm. Smith executed a deed of gift to his. son, Risdon Smith, for lots of land numbers 102,10B and 121, in the 11th district of Houston County; that after the execution of this and other instruments of like character to other children, the said…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The only question in this ease is, will a Court of Chancery *402interfere, to grant relief against the judgment at Law, under the facts set forth in the bill ?
None of the cases cited, either from our own reports, or from the decisions of other Courts, are exactly in point. All of' thorn relate to legal defences, which might have been made available in a Court of law; whereas, the ground of resistance to the recovery at Law here is, a pure equity which could not have been set up at Law. And for not arresting the action of ejoctment, before judgment…
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