187 Ga. 275 | Ga. | 1938
A petition was filed in Oglethorpe superior court by John F. Erwin, Thomas E. Erwin, and Mrs. Janie Hancock (children of Thomas J. Erwin, deceased), Mrs. Fannie Erwin (wife of John F.), Mrs. Floy Erwin (wife of Thomas E.), and John F. Erwin as executor of the will of Thomas J. Erwin, against T. E. Watkins, sheriff of Oglethorpe County, Claude Culbertson, and Arnold Rogers, of Oglethorpe County, and H. H. Hardin and Mrs. Katie Mae Hardin, of Monroe County, praying for injunction, specific performance, and other equitable relief. A general demurrer was filed by the sheriff; a joint demurrer.on general and special, grounds was filed by Culbertson and Rogers; Hardin filed a general demurrer; Mrs. Hardin filed a general and special demurrer, and filed a separate demurrer on the ground of lack of jurisdiction of the superior court of Oglethorpe County as to her. The court by five separate orders sustained all the demurrers, arid dismissed the action. The plaintiffs excepted.
Substantially the petitioners alleged: Thomas J. Erwin died testate on November 19, 1932, his will devising,his property to his three children (named above) for life, with remainder to their children. At the time of his death said testator was indebted to the defendant Mrs. Hardin in the sum of $3000, evidenced by his
The petitioners seek a decree of specific performance of an alleged contract whereby Mrs. Hardin agreed to accept from Mrs. Eloy Erwin, Mrs. Fannie E. Erwin, and W. T. Hancock notes aggregating the amount of the judgment obtained by Mrs. Hardin against the executors of the will of Thomas J. Erwin, and that she would carry said notes “for as long a period of time and at the same annual payments as would be granted to each one of said heirs if his application to the Federal Land Bank of Columbia was accepted, except that the rate of interest was to be eight per cent, interest instead of five per cent.,” and that she would execute to' the persons signing the notes bonds for title to certain realty. The petition was attacked on numerous grounds by the demurrers, but in the view we take of the case the judgment sustaining all the demurrers' and dismissing the action was correct and should be sustained, because the contract as alleged in the petition failed entirely to specify the terms of payment of the amounts due to Mrs. Hardin.
In Saye v. Adams Loan & Investment Co., 173 Ga. 24 (159 S.