Roberts v. Davis
Supreme Court of Georgia
Estoppel. Fraud. Vendor and Purchaser. Contracts. Consideration. Before Judge Simmons. Houston Superior Court. October Term, 1884. Roberts brought trover against Davis to recover a mule. The case was carried to the superior court by appeal. It was so amended as to be in the name of Roberts for the use of Bryan. The defendant filed the following pleas: (1.) The general issue.
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Estoppel. Fraud. Vendor and Purchaser. Contracts. Consideration. Before Judge Simmons. Houston Superior Court. October Term, 1884. Roberts brought trover against Davis to recover a mule. The case was carried to the superior court by appeal. It was so amended as to be in the name of Roberts for the use of Bryan. The defendant filed the following pleas: (1.) The general issue. (2.) That Roberts had sold the mule to one "Washington, taking a note from him for $115.00, and retaining title until paid for, and Bryan ivas security on the note; that Washington paid $40.00 on the amount, and then…
1Opinion of the Court
Jackson, Chief Justice.
The facts of this case, either undisputed or as related by the witnesses of the defendant, are substantially these: An action of trover was brought by Roberts, who retained title to the mule sued for in this action until he was paid the purchase money therefor; Bryan was responsible for the purchase money, with a negro, Washington, who got the mule; Roberts had retained title to protect Bryan, and at his instance, and instituted suit for the mule in order to get his money. Bryan paid the balance of the note, and Roberts disclaimed title, being no longer interested,…
2Cited by6 opinions
- Kennedy v. ManryCourt of Appeals of Georgia · 1909
- Sanders & Ables v. CarterSupreme Court of Georgia · 1893
- Fletcher v. ReavesCourt of Appeals of Georgia · 1922
- Crosby v. MeeksSupreme Court of Georgia · 1899
- Strachan v. BurfordSupreme Court of Georgia · 1931
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