Smith v. Smith
Supreme Court of Georgia
Bill for specific performance. Demurrer. Decided by Judge "Wm. M. Reese, presiding for Judge Augustus Reese, Jasper Superior Court, April-Term, 1867. William G. Smith died in 1864, leaving as his heirs at law Henry T. Smith, Martha Penn, Thomas Penn, Russel Penn, Henry F. Penn, and Salina Penn, minors; Charles H. Thompson, Alice Clark and Emma Clark, minors; Kesiah Smith, widow of Henry G. Smith, deceased, Georgia Nixon, wife of Jesse F. Nixon, and Boykin R. Smith.
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Bill for specific performance. Demurrer. Decided by Judge "Wm. M. Reese, presiding for Judge Augustus Reese, Jasper Superior Court, April-Term, 1867. William G. Smith died in 1864, leaving as his heirs at law Henry T. Smith, Martha Penn, Thomas Penn, Russel Penn, Henry F. Penn, and Salina Penn, minors; Charles H. Thompson, Alice Clark and Emma Clark, minors; Kesiah Smith, widow of Henry G. Smith, deceased, Georgia Nixon, wife of Jesse F. Nixon, and Boykin R. Smith. His estate of realty and personalty was worth one hundred thousand dollars, or other large sum, at his death.' For some weeks…
1Opinion of the CourtHarris, J.
The general demurrer in this case was sustained by the Court below on the sole ground that ■ “ there was a want of mutuality in the contract sought to be specifically enforced.” This decision appears to us to be the result of a mistake of the facts. All the parties signing the agreement for the division of the property are adults, none are minors. Thus, these are unquestionably parties capable of contracting with each other, and who do actually contract. That some of the parties contracting did so in behalf of minors, and to promote their interest, furnishes in Equity no just ground for…
2Cited by41 opinions
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- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
- Belt v. LazenbySupreme Court of Georgia · 1906
- Jones v. RobinsonSupreme Court of Georgia · 1931
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