Allen v. Holding
Supreme Court of Georgia
In Equity, in Carroll Superior Court. Tried at April Term, 1859. This was a bill filed by M.athew J. Holding against Larkin A. Allen and John Catlett, to enjoin an action of ejectment brought by Allen against complainant, for lot of land No. 3, in the sixth district of Carroll county.
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In Equity, in Carroll Superior Court. Tried at April Term, 1859. This was a bill filed by M.athew J. Holding against Larkin A. Allen and John Catlett, to enjoin an action of ejectment brought by Allen against complainant, for lot of land No. 3, in the sixth district of Carroll county. The bill alleges, that Catlett was the drawer of said lof¿ \vho;SoId the same in 1828 or 1829, before the grant issued,, to one-Martin- Berry, for thirty-five dollars, and that he executed a bond for titles, to be made when the grant should issue. That Martin Berry sold said lot to Jesse Berry,..and gave.;his…
1Opinion of the Court
— Benning J.
By the Court.
delivering the opinion.
Ought the Court to have granted the. motion'for a new trial? :
Only one of the grounds of the motion, was insisted on, in this Court — the ground of the charge of the Court below. That is the only ground, therefore, which will be considered by this Court.
The charge was, that if “ Catlett sold to Berry, and gave him bond for titles, and if Berry paid the purchase money to Catlett, then, at that point, their investigation ceased; that it was not material, whether Allen had notice or not; that Catlett could convey no title to said land, to a…
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