Legal Opinion · Dissent

Irwin v. Dailey

Supreme Court of Georgia

Decided February 9, 1961No. 21135Published

1DissentDuckworth, Chief Justice

The option depends upon the lease contract for a description of the land involved. That description can be fitted to the land described in the petition only by deletion of unambiguous and meaningful terms in the lease description. The petition seeks a decree of title to all lands embraced within a parallelogram measuring 190 feet x 265.5 feet. The description in the lease, after describing the *640building, contains the following significant clause: “This lease only covers ground on which the building is located.” Can this understandable language be disregarded? The plat which is expressly made a…

2Cases cited15 opinions

  1. Black v. MaddoxSupreme Court of Georgia · 1898
  2. Horton v. MurdenSupreme Court of Georgia · 1903
  3. Trustees of the Academy v. BohlerSupreme Court of Georgia · 1887
  4. Studer v. SeyerSupreme Court of Georgia · 1883
  5. Vandiver v. EndicottSupreme Court of Georgia · 1959

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