Dugas v. Lawrence
Supreme Court of Georgia
Ejectment, in Walker Superior Court. Tried before Judge Trippe, November Term, 1855. This was an action of ejectment, in which the plaintiff relied on the following title: Yiilliam Whitcombe being entitled ■to certain draws or chances in the Land Lottery of 1830, on ’the 25th day April, 1832, said lottery being not yet drawn, sold and transferred his draws or chances to L. A. Dugas, by assignment under seal, and purporting to bo for a valuable consideration.
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Ejectment, in Walker Superior Court. Tried before Judge Trippe, November Term, 1855. This was an action of ejectment, in which the plaintiff relied on the following title: Yiilliam Whitcombe being entitled ■to certain draws or chances in the Land Lottery of 1830, on ’the 25th day April, 1832, said lottery being not yet drawn, sold and transferred his draws or chances to L. A. Dugas, by assignment under seal, and purporting to bo for a valuable consideration. The same instrument contained a power of Attorney to John W. Wilde, to take out the grant and make titles to Dugas for rsuChlots as-…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] Was the sale of the chance valid?
Chancellor Kent lays it down, !£ That all contingent and •executory interests are assignable in Equity, and will be enforced, if made for a valuable consideration; and it is set-died that all contingent estates of inheritance, as well as *558springing and executory uses, and possibilities coupled with an interest, where the person to take is certain, are transmissible by descent, and are devisable and assignable. If the person be not' ascertained, they are not then possibilities coupled with an interest, and they…
2Cited by6 opinions
- Taylor v. Barton Child Co.Massachusetts Supreme Judicial Court · 1917
- Doe ex dem. Tenant v. RoeSupreme Court of Georgia · 1859
- Doe ex dem. Henderson v. RoeSupreme Court of Georgia · 1857
- Engeldinger v. Swift & Co.Supreme Court of Iowa · 1930
- Witzel v. PierceSupreme Court of Georgia · 1857
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