Maddox v. Rowe
Supreme Court of Georgia
In Equity, in Troup Superior Court. Decision on demurrer, by Judge Burl, at May Term, 1857. This bill was filed by Shadrack Rowe, Jr., against Notley Maddox and others, heirs at law of Shadrack Rowe, senior, deceased.
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In Equity, in Troup Superior Court. Decision on demurrer, by Judge Burl, at May Term, 1857. This bill was filed by Shadrack Rowe, Jr., against Notley Maddox and others, heirs at law of Shadrack Rowe, senior, deceased. The bill in substance, alleges that complainant, one of the sons of Shadrack Rowe, senior, at the request of his father, who was an old man,lived with him for about nineteen years previous to his death, attending to his business, and managing and overseeing his plantation and negroes, and that his father promised to pay and compensate him for his services, by a provision in his…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
Was Shadrack Rowe, the complainant in the bill, entitled to have a specific performance of his father’s promise to devise to him, the two lots of land mentioned in the bill? If he was, there is equity in the bill; and if there is equity in the bill the overruling of the demurrer was right.
It is a general principle, that part performance of a verbal *434“ contract or sale of land” takes the contract or sale out of the statute of frauds. This principle has been recognized and acted on, by this Court. Gilmore vs. Johnston et al. 14 Ga. R. 683; and see…
2Cited by25 opinions
- Owens v. McNallyCalifornia Supreme Court · 1896
- Banks v. HowardSupreme Court of Georgia · 1903
- Belt v. LazenbySupreme Court of Georgia · 1906
- Downey v. Union Trust Co.Massachusetts Supreme Judicial Court · 1942
- Alexander v. LewesWashington Supreme Court · 1918
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