Gilmore v. Johnston
Supreme Court of Georgia
in Equity, in Leo Superior Court. Decision on demurrer, by Judge Love, November Term, 1853. The bill, in this case, was filed by Mary A. Johnston and her next friend, John S. Johnston, her husband, and her two children, for whom a guardian, ad litem, was appointed, charging, substantially, that her husband, John S. Johnston, in 1844, being considerably indebted, and the executions being about to be levied on all his property, consisting of land and negroes and other…
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in Equity, in Leo Superior Court. Decision on demurrer, by Judge Love, November Term, 1853. The bill, in this case, was filed by Mary A. Johnston and her next friend, John S. Johnston, her husband, and her two children, for whom a guardian, ad litem, was appointed, charging, substantially, that her husband, John S. Johnston, in 1844, being considerably indebted, and the executions being about to be levied on all his property, consisting of land and negroes and other property, (the greater portion of which, he received by virtue of his marriage with complainant,) and knowing, that at that…
1Opinion of the Court
By the Court.
Bennins, J.,
delivering the opinion.
'There are two questions in this caso :
1. Is the suit barred by the Statute of Frauds ?
2. ’Ought Johnston, the husband, to have been a party ?
As to the first ques+ien. Let it be admitted that the agreement partly concerned land ; and that it was neither in writing, or “ manifested and proved” by a writing.
The agreement, however, only in part concerned land. It ¡also concerned personalty and personal acts. In respect to this latter part, the Statute of Frauds cannot affect it. Does the Statute affect the agreement, as to the part ‘ which concerns…
2Cited by7 opinions
- Snyder v. MartinWest Virginia Supreme Court · 1880
- McLeod v. HendrySupreme Court of Georgia · 1906
- Waters v. WatersSupreme Court of Georgia · 1928
- Felder v. OldhamSupreme Court of Georgia · 1945
- Wilson v. WhitmireSupreme Court of Georgia · 1956
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