McGehee v. Jones
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Iverson, May Term, 1851. Wiley E. Jones, in his bill filed against the executors of Jef. J. Lamar, alleged, that on 11th March, 1837, he purchased of Jef.
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In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Iverson, May Term, 1851. Wiley E. Jones, in his bill filed against the executors of Jef. J. Lamar, alleged, that on 11th March, 1837, he purchased of Jef. J. Lamar, several lots and tracts of land in the County of Stewart, (describing them,) for the sum of $15,000, paid in three notes of equal amount, due January 1st, 1838, 1839, and 1840, and taking said Lamar’s bond, “ to make good and warrantee titles,” when the purchase money was paid; that complainant had paid off and discharged two of the notes, and that Abner McGehee…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
Perhaps it would be justifiable to consider this demurrer only in its application to the bill, as amended. But I consider the questions in the order in which they are made in the record, and were presented in the argument.
[1.] The first point made is, that the bill, before it was amended, does not make a case authorizing relief. The case is this: The testator of the plaintiff in error, J. Lamar, sold to the defendant in error, W. E. Jones, a number of lots of land. Notes were given for the purchase money, amounting to some $15,000, payable by…
2Cases cited2 opinions
- Dunham v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Brooks v. GibbonsNew York Court of Chancery · 1834
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- Burnam v. WilkersonSupreme Court of Georgia · 1962
- Nance v. DanielSupreme Court of Georgia · 1936
- Baxter & Co. v. CampSupreme Court of Georgia · 1906
- Sanderlin v. WillisSupreme Court of Georgia · 1894
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