Harper v. Gorley
Supreme Court of Georgia
Complaint. Before Judge Lewis. Baldwin superior court. July 30, 1906. Mrs. M. E. Gorley brought suit against C. R. Harper upon a promissory note for $200. The defendant filed an equitable plea, which alleged: R. H. Harper died testate.
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Complaint. Before Judge Lewis. Baldwin superior court. July 30, 1906. Mrs. M. E. Gorley brought suit against C. R. Harper upon a promissory note for $200. The defendant filed an equitable plea, which alleged: R. H. Harper died testate. He devised a half interest in seven hundred acres of land to his wife, Edna, and the other half interest to .the plaintiff, who was a daughter; and the will provided that upon the death of Edna Harper her half interest in this land should go to the three other children of Robert Harper, one of whom was the defendant; and in the event the plaintiff died -without…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
The pléa, in effect, is an effort to compel specific performance of an agreement for the sale of the interest of the defendant in the ten acres of land to the plaintiff. It is an application of the vendor to. compel the vendee to accept the deed and make an appropriation of the purchase-money in the manner set forth in the agreement. While the plea does not, in terms, allege that the agreement was in parol, this may possibly be inferred from the averments of the same, when the plea is taken as an entirety. Counsel for each party have so construed the plea, both in…
2Cited by3 opinions
- Neely v. SheppardSupreme Court of Georgia · 1938
- Southern Railway Co. v. SmithCourt of Appeals of Georgia · 1918
- Hale v. LiphamCourt of Appeals of Georgia · 1939