Prudential Investment & Development Co. v. Hilton
Supreme Court of Georgia
Specific performance. Before Judge Meldrim. Chatham superior court. July 29, 1921. Thomas Hilton brought a petition for specific performance against the Prudential Investment and Development Company, a corporation of Chatham County, to compel specific performance of a written contract for the sale of certain real estate in Savannah. The case was tried by agreement by the trial judge upon the petition and answer, without the intervention of a jury.
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Specific performance. Before Judge Meldrim. Chatham superior court. July 29, 1921. Thomas Hilton brought a petition for specific performance against the Prudential Investment and Development Company, a corporation of Chatham County, to compel specific performance of a written contract for the sale of certain real estate in Savannah. The case was tried by agreement by the trial judge upon the petition and answer, without the intervention of a jury. The allegations of the petition were all admitted, except one; and that one was the contention of the plaintiff that the title involved in the case…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
The single question in the case is whether the fee-simple title sought to be sold by Thomas Hilton to the Prudential Investment & Development Co. is “good and marketable.” If it is good, the court below was right in decreeing specific performance. The deed of Mrs. Gilson purported to convey “ all the right, title, and interest of the party of the first part in and to the premises and appurtenances herein above described.” It is contended by the plaintiff in error that under this language in the deed it conveyed a life-estate only. But it must be remembered…
2Cases cited5 opinions
- Rogers v. PattieSupreme Court of Virginia · 1898
- Mahoney v. ManningSupreme Court of Georgia · 1910
- Nort v. Healy Real Estate & Improvement Co.Supreme Court of Georgia · 1911
- Holder v. American Investment & Loan Co.Supreme Court of Georgia · 1894
- Stark v. ChambersSupreme Court of Georgia · 1913
3Cited by2 opinions
- Lewis v. Tennille Banking Co.Supreme Court of Georgia · 1973
- Tucker v. StateCourt of Appeals of Georgia · 1931