Rakestraw v. Brogdon
Supreme Court of Georgia
Equity. Pleadings. Trusts. Fraud. Before Judge Rice. Gwinnett Superior Court. December Adjourned Term, 1875. William F. M. Brogdon filed his bill against Gainum T. Rakestraw and Willis F. Scales, as executors of William Scales, deceased, making, in brief, the following case: In 1848 he married Necy Jane Scales, daughter of William Scales.
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Equity. Pleadings. Trusts. Fraud. Before Judge Rice. Gwinnett Superior Court. December Adjourned Term, 1875. William F. M. Brogdon filed his bill against Gainum T. Rakestraw and Willis F. Scales, as executors of William Scales, deceased, making, in brief, the following case: In 1848 he married Necy Jane Scales, daughter of William Scales. In 1859 he purchased from one James Reeves, lot number three hundred, in DeKalb county, for $2,000 00. He paid $1,600 00 in cash, gave note for the balance, and took bond for titles. Soon afterwards he assumed possession, and so remained until the year 1860,…
1Opinion of the Court
Bleckley, Judge.
1. Compare the evidence with the charges in the bill, and it will appear at a glance, that the verdict is contrary to evidence. The evidence shows that the case made by the bill is not true; the verdict finds, in effect, that it is true. If conflict can exist it is here. Should it be said that the verdict is not to be applied to the averments of the bill, but to some case outside of the bill, the answer is, that proof of a case substantially different from the one alleged, whether the case proved be good or bad, will not warrant a recovery. Relief *553cannot be granted for matters…
2Cited by2 opinions
- Doggett v. SimmsSupreme Court of Georgia · 1888
- Livsey v. Georgia Railway & Electric Co.Court of Appeals of Georgia · 1917