Witherspoon v. Roseberry

Grice, Justice.

Assigned as error is the overruling of a general demurrer and the denial of a motion to dismiss an amended petition. The petition was filed in the Superior Court of Fulton County by Carrie Lou Witherspoon Roseberry and other heirs of Willie Witherspoon against Eddie Witherspoon. It sought specific performance of a contract to reconvey property described in a warranty deed from the plaintiffs’ intestate to the defendant, cancellation of a security deed from the defendant to the intestate, accounting from the defendant as to payments by him to the intestate on the debt recited in…