Swift v. Lucas
Supreme Court of Georgia
Equitable petition. Before Judge Hutchins. Habersham superior court. March term, 1893. The petition of Swift alleged, that on April 12th, 1892, he obtained a common law judgment against Susan H. Lucas, for $800.00 principal, besides interest, attorney’s fees and costs, upon a note dated April 12th, 1890. On June 7th, 1892, after paying costs, the sum of $670.97 Avas paid on the judgment from the sale of a lot in Athens, leaving the balance still' due and unpaid.
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Equitable petition. Before Judge Hutchins. Habersham superior court. March term, 1893. The petition of Swift alleged, that on April 12th, 1892, he obtained a common law judgment against Susan H. Lucas, for $800.00 principal, besides interest, attorney’s fees and costs, upon a note dated April 12th, 1890. On June 7th, 1892, after paying costs, the sum of $670.97 Avas paid on the judgment from the sale of a lot in Athens, leaving the balance still' due and unpaid. Mrs. Lucas has no property out of which the balance [can be made], except her equitable interest in a tract of land of '360 acres…
1Opinion of the Court
Lumpkin, Justice.
The controlling question upon which this case depends has been settled, we think, by the decision of this *798court in Jarvis & Wilson v. Burke et al., 59 Ga. 232, in which it appeared that one Pickett conveyed land to Burke and others, taking a bond for its reconveyance upon payment of the purchase money, and that after-wards, Jarvis & Wilson recovered judgment against Pickett and levied on the land, which was claimed by Burke and others. IJpon this state of facts the court held that the deed executed by Pickett to the claimants vested the title to the land in them, so far as to…
2Cases cited4 opinions
- Parrott v. BakerSupreme Court of Georgia · 1889
- Polhill v. BrownSupreme Court of Georgia · 1890
- Groves v. WilliamsSupreme Court of Georgia · 1882
- Jarvis & Wilson v. BurkeSupreme Court of Georgia · 1877
3Cited by12 opinions
- Shumate v. McLendonSupreme Court of Georgia · 1904
- Cook v. Securities Investment Co.Supreme Court of Georgia · 1937
- Virginia-Carolina Chemical Co. v. RyleeSupreme Court of Georgia · 1913
- Kidd v. KiddSupreme Court of Georgia · 1924
- Moncrief Furnace Co. v. Northwest Atlanta BankSupreme Court of Georgia · 1942
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