Strickland v. Dent
Supreme Court of Georgia
Equity, from Heard county. Decided' by Judge Hammond, August Term, 1857. This bill was filed by James H. Strickland, as administrator of Solomon T. Strickland, deceased, against Joseph E. Dent. The bill states that the intestate contracted with the defendant, Joseph E. Dent, for the purchase of a house and lots in the town of Franklin, for $1,000, and took the defendant Dent’s bond for titles.
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Equity, from Heard county. Decided' by Judge Hammond, August Term, 1857. This bill was filed by James H. Strickland, as administrator of Solomon T. Strickland, deceased, against Joseph E. Dent. The bill states that the intestate contracted with the defendant, Joseph E. Dent, for the purchase of a house and lots in the town of Franklin, for $1,000, and took the defendant Dent’s bond for titles. That his intestate gave Dent two promissory notes in payment far said house and lots, one of said notes payable 25th day of December, 1855, and the other the 25th day of December, 1856, and that action…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] There can be no question, that according to the facts alleged in this bill, there is not the slightest ground for the rescission of the contract of the sale of the house and lots by the defendant, Dent, to the complainant’s intestate, at the instance of the complainant. Nor is there any equity in the prayer asking a decree of the sale of the property, and the application of the proceeds of the sale to the payment of the debts of the intestate, and to allow Dent to come in yaripassu only, with the other creditors of the deceased. The title…
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