Phillips & Co. v. Roquemore
Supreme Court of Georgia
Equitable petition. Before Judge Hunt. Hpson superior court. November term, 1894. On February 22, 1892, "W. J. Perryman executed to Mrs. Roquemore, his sister-in-law, a mortgage on a town lot in Thomaston, to secure a promissory note of that date and due one day afterwards. He was then indebted to several creditors on notes and accounts, and became indebted to others after the execution of the mortgage.
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Equitable petition. Before Judge Hunt. Hpson superior court. November term, 1894. On February 22, 1892, "W. J. Perryman executed to Mrs. Roquemore, his sister-in-law, a mortgage on a town lot in Thomaston, to secure a promissory note of that date and due one day afterwards. He was then indebted to several creditors on notes and accounts, and became indebted to others after the execution of the mortgage. These creditors obtained judgments against him in April, May, June and July, 1892, and one in May, 1893. The executions issued from said judgments were levied, July 26,1893, on a town lot not…
1Opinion of the Court
Simmons, Chief Justice.
In all cases of mistake a court of equity will, upon proper proof, reform a contract so as to make it speak the truth, and put the parties, as to each other, in the true position in which they thought they had placed themselves when they made the contract. This relief will not be confiued to the original parties alone, but will be extended both to and against their privies in estate and in law. The only exception to this rule is the case of a bona fide purchaser without notice. Code, §3119. Judge McCay, in the ease of Burke v. Anderson, 40 Ga. 539, gives the reason for…
2Cases cited4 opinions
- Zimmer v. DansbySupreme Court of Georgia · 1876
- Lowe v. AllenSupreme Court of Georgia · 1881
- Andrews v. MathewsSupreme Court of Georgia · 1877
- Burke v. AndersonSupreme Court of Georgia · 1869
3Cited by11 opinions
- Steadham v. CobbSupreme Court of Georgia · 1938
- Aames Funding Corp. v. HendersonCourt of Appeals of Georgia · 2005
- Kerchner & Calder Bros. v. Frazier & Bro.Supreme Court of Georgia · 1899
- Kight v. GaskinSupreme Court of Georgia · 1913
- Chapman v. Cassels Co.Supreme Court of Georgia · 1935
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