Chastain v. Smith
Supreme Court of Georgia
In Equity, in Fannin Superior Court. Tried before Judge Bice, at October Term, 1859. This was a bill by Elijah W. Chastain, against Jacob Smith, Henry Smith and George Smith, to compel the specific execution of an agreement relating to the sale and division of a lot of land, situated in the county of Fannin.
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In Equity, in Fannin Superior Court. Tried before Judge Bice, at October Term, 1859. This was a bill by Elijah W. Chastain, against Jacob Smith, Henry Smith and George Smith, to compel the specific execution of an agreement relating to the sale and division of a lot of land, situated in the county of Fannin. The bill alleges, in substance, that complainant and defendants entered into a parol agreement to purchase of one Lovingood, a certain lot of land adjoining complainant, and that whichever party should actually buy the land from Lovingood, the same should afterwards be divided so as to…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
The only question presented in this case, is : whether or not the Statute of Frauds is in the way of the specific performance prayed by Mr. Chastain.
1. In the first place, this case was never within the Statute of Frauds. The substance of the agreement, so far as that particular part of the land to which Mr. Chastain seeks a title is concerned, is that the Smiths would, as his agent, buy it for him. They did, in fact, buy it, but took a title to themselves. This title in their hands, was immediately af*98fected with a resulting trust for his -…
2Cited by20 opinions
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- McLeod v. HendrySupreme Court of Georgia · 1906
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