Legal Opinion

Looney v. Watson

Supreme Court of Georgia

Decided July 29, 1895PublishedCited by 6 opinions

Petition for specific performance. Before Judge Beese. Hart superior court. September term, 1894. • W. T. Looney, for himself and as agent and next friend of, his minor daughter, brought a petition against Elizabeth C. Watson to compel specific performance of a parol agreement to convey certain land.- The court granted a non-suit,1 and plaintiff excepted.

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Petition for specific performance. Before Judge Beese. Hart superior court. September term, 1894. • W. T. Looney, for himself and as agent and next friend of, his minor daughter, brought a petition against Elizabeth C. Watson to compel specific performance of a parol agreement to convey certain land.- The court granted a non-suit,1 and plaintiff excepted. The evidence showed the following: W. T. Looney testified: I married Mamie A. Shirley, daughter of defendant, on January 2, 1887; and on November 24, 1887, the minor plaintiff was bom to us. In the fall of 1891 we were residing in Atlanta,…

1Opinion of the CourtSimmons, C. J.

There being evidence of a parol gift of land upon a meritorious consideration, by the defendant to her daughter and the husband of the latter, accompanied by possession, and also that the donees had made improvements on the faith of such gift, it was a question for determination by the jury as to whether or not the improvements were of *236such character as to authorize a decree against the defendant for a specific performance in favor of the husband and the child of his deceased wife. Consequently it was error to grant a nonsuit. (Code, §3189.) Judgment reversed.

July 29, 1895. By two Justices.…

2Cited by6 opinions

  1. Sikes v. SeckingerSupreme Court of Georgia · 1927
  2. Jones v. JonesSupreme Court of Georgia · 1943
  3. Sharpton v. GivensSupreme Court of Georgia · 1953
  4. Hadden v. ThompsonSupreme Court of Georgia · 1903
  5. Barfield v. HiltonSupreme Court of Georgia · 1975

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