Cobb v. Coffey
Supreme Court of Georgia
Action for specific performance. Before Judge Tarver. Murray superior court. August 17, 1917. Mrs. B. N. Cobb instituted an action in 1911, against her father, Webster B. Coffey, to compel the execution of a deed to 43 acres of land. It was alleged, that “some four years ago” the defendant, owning described land, decided to divide it among his six children, and thereupon executed deeds to two of them, after which there remained 172 acres.
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Action for specific performance. Before Judge Tarver. Murray superior court. August 17, 1917. Mrs. B. N. Cobb instituted an action in 1911, against her father, Webster B. Coffey, to compel the execution of a deed to 43 acres of land. It was alleged, that “some four years ago” the defendant, owning described land, decided to divide it among his six children, and thereupon executed deeds to two of them, after which there remained 172 acres. He told the other four children, among whom was petitioner, that he would divide that between them, and pointed “about where he thought” their respective…
1Opinion of the CourtAtkinson, J.
It appears from the statement of facts that after reversal of the judgment .refusing a new trial, the plaintiff amended her petition, thereby affording the defendant another opportunity to demur. The amendment so modified the contract as to make it one of landlord and tenant; and it was held by this court that the ease should have been dismissed on demurrer. Coffey v. Cobb, 143 Ga. 539 (85 S. E. 693). The plaintiff again amended the petition in such manner as in effect to repudiate the relation of landlord and tenant and allege a contract of sale by the father to the *104daughter, thereby…
2Cases cited2 opinions
- Coffey v. CobbSupreme Court of Georgia · 1915
- Coffey v. CobbSupreme Court of Georgia · 1917
3Cited by2 opinions
- Milton v. MiltonSupreme Court of Georgia · 1941
- Cobb v. CoffeySupreme Court of Georgia · 1919