Yarborough v. West
Supreme Court of Georgia
In Equity, in Cobb Superior Court. Decision upon demurrer, made by Judge Hill, April Term, 1851. This was a bill filed by James W. Yarborough and his wife, formerly Harriet M. West, Richard B. Higgins and his wife, formerly Jane West, John H. Higgins and his wife, formerly Hester West.
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In Equity, in Cobb Superior Court. Decision upon demurrer, made by Judge Hill, April Term, 1851. This was a bill filed by James W. Yarborough and his wife, formerly Harriet M. West, Richard B. Higgins and his wife, formerly Jane West, John H. Higgins and his wife, formerly Hester West. The bill alleges, that in the year 1818, John Wingo, of Spartanburg District, South Carolina, made a parol gift of a negro boy, named Peter, about five years of age, to his daughter, Jincy West, during her life, and at her death said negro was to become the property of the children then born of the said Jincy,…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
This is a general demurrer to the complainants bill for want of equity, and we shall consider the question as if the bill had been amended, as proposed by the complainants, at the hearing of the demurrer in the Court below.
[1.] The bill alleges, “ that John Wingo made a parol gift of a negro boy named Peter, to his daughter, Jincy West, during her life, and at her death, said negro boy was to become the property of the children then born of the said Jincy, and to be born, and to vest in them and no one else.”
By the terms of this parol gift, the…
2Cited by1 opinion
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