Johnson v. Dorough

• Decision Date: 16 November 1896
• Citation: 27 S.E. 187,99 Ga. 644
• Parties: JOHNSON v. DOROUGH.
• Court: Georgia Supreme Court

27 S.E. 187

99 Ga. 644

JOHNSON v. DOROUGH.

Supreme Court of Georgia

November 16, 1896

Syllabus by the Court.

1. Where the purchaser of land held by him under a bond for titles was sued for a balance upon promissory notes given by him to the plaintiff for the purchase money, and filed pleas alleging that the plaintiff, in making the sale of the land, falsely represented that he owned the same in fee, when in fact he only owned an estate therein for the life of another, and that the plaintiff was insolvent and a nonresident of this state, and the pleas also set up other facts entitling the defendant to equitable relief, it was error to strike the same on general demurrer.

2. The special pleas dealt with in the present case fall clearly within the exceptions pointed out by this court in Black v. Walker, 26 S.E. 477, 98 Ga. 31.

Error from superior court, Harris county; W. B. Butt, Judge.

Action by J. T. Dorough against Henry Johnson. Judgment for plaintiff. Defendant bring error. Reversed.

B. H. Walton and Brannon, Hatcher & Martin, for plaintiff in error.

C. J. Thornton, for defendant in error.

PER CURIAM.

Judgment reversed.