Bruton v. Wooten
Supreme Court of Georgia
In Equity, in Decatur Superior Court. Decision by Judge Perkins, April Term, 1854 Thomas J. Wooten filed a bill against the executor of Aquilla Bruton, for an account, for the hire of certain negro slaves, bequeathed by the will of the said Aquilla to the complainant, to be delivered on his arrival at age.
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In Equity, in Decatur Superior Court. Decision by Judge Perkins, April Term, 1854 Thomas J. Wooten filed a bill against the executor of Aquilla Bruton, for an account, for the hire of certain negro slaves, bequeathed by the will of the said Aquilla to the complainant, to be delivered on his arrival at age. The defendant pleaded in bar, a release, whereby the complainant, in consideration of the delivery, to him, of the bequeathed slaves, “acquitted and released the executor from all and any other responsibility to him, henceforth and forever.” Upon the argument of the sufficiency of the plea,…
1Opinion of the Court
By the Court.
Starnes, J.,
delivering the opinion.
This plea, which sets forth a release, cannot have the effect that is claimed for it by the plaintiff in error*, because it does not show that the release is founded on a sufficient consideration.
[1.] Every release must be founded on some consideration, otherwise fraud must be presumed. Lord. Ch. Bar. Gilbert, For Rom. 57. Lord Redesdale in Roche vs. Morgell, (2 Sch. & Lef. 727.)
[2.] It seems that the seal does not necessarily import a consideration, when such an instrument is relied on, byway of plea in Chaxxcery; bxxt the consideration must be…
2Cited by11 opinions
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- Crawford v. ClarkSupreme Court of Georgia · 1900
- Johnson v. Georgia Fertilizer & Oil Co.Court of Appeals of Georgia · 1918
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