Robinson v. Perry
Supreme Court of Georgia
In Equity, in Calhoun Superior Court. Tried before Judge Allen, November Term, 1856. On the 25th day of October, 1849, Jesse J. Robinson and Leroy B. Phillips, entered into the following agreement to-wit.: “Georgia, i Articles made and entered into this 25th Early County, j day of October, 1849, between Jesse J. Robinson of the one part, and Leroy B. Philips of the other part, witnesseth: that the said Jesse J. Robinson has this day leased imto the said L. B. Philips, for…
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In Equity, in Calhoun Superior Court. Tried before Judge Allen, November Term, 1856. On the 25th day of October, 1849, Jesse J. Robinson and Leroy B. Phillips, entered into the following agreement to-wit.: “Georgia, i Articles made and entered into this 25th Early County, j day of October, 1849, between Jesse J. Robinson of the one part, and Leroy B. Philips of the other part, witnesseth: that the said Jesse J. Robinson has this day leased imto the said L. B. Philips, for the term of five years from this date, lot of land, No. 148, in the fourth (4th) district of Early county. The said…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Was there equity in the bill ? If there was, the demurrer was properly overruled, for all the grounds of the demurrer are included in the one, that there was no equity in the bill.
There was equity in the bill, if the interest acquired by Philips from Robinson was assignable. And that it was assignable, there can be no doubt. The contract between *186Robinson and Philips contained no covenant, that Philips should not alien. The right of alienation therefore, was one of the incidents of the interest in the land acquired by Philips; and this right is an…
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