Hamilton v. Lusk
Supreme Court of Georgia
Vendor and purchaser. Deed. Mortgage. Breach of warranty. Before Judge Hutchins. Clarke superior court. April term, 1891. Lusk sued Hamilton for $4,100, alleging that on February 7, 1887, Hamilton executed to him a warranty deed to certain land in Jefferson county, Alabama (describing it), that he was evicted therefrom on October 28, 1888, and that Hamilton refuses to indemnify him for his damages in that behalf.
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Vendor and purchaser. Deed. Mortgage. Breach of warranty. Before Judge Hutchins. Clarke superior court. April term, 1891. Lusk sued Hamilton for $4,100, alleging that on February 7, 1887, Hamilton executed to him a warranty deed to certain land in Jefferson county, Alabama (describing it), that he was evicted therefrom on October 28, 1888, and that Hamilton refuses to indemnify him for his damages in that behalf. The plaintiff obtained a verdict for $4,000, and the defendant’s motion on the general grounds for a new trial was denied. The evidence showed that on December 14, 1886, Burnett…
1Opinion of the Court
Bleckley, Chief Justice.
When two deeds or other instruments bearing the same date and executed by the same person would be consistent with each other if executed in one order of time, but inconsistent if executed in another order, the presumption is that they were in fact executed in that order which makes for their consistency. But in the case before us, the mortgage and the deed of absolute conveyance of the same date, both made by Burnett and covering the same premises, are inconsistent, no matter which was first executed. By the laws of Alabama, the mortgage as well as the deed would pass…
2Cited by1 opinion
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