Whitley v. James
Supreme Court of Georgia
Equitable petition. Before Judge Gober. Douglas superior court. September 24,1903. This was an equitable petition against the Douglasville Mineral Land and Improvement Company, Georgia Western Cotton Mills, New Century Cotton Mills, and J. S. James, for the recovery of certain land, cancellation, removal of cloud, and for an accounting.
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Equitable petition. Before Judge Gober. Douglas superior court. September 24,1903. This was an equitable petition against the Douglasville Mineral Land and Improvement Company, Georgia Western Cotton Mills, New Century Cotton Mills, and J. S. James, for the recovery of certain land, cancellation, removal of cloud, and for an accounting. The petition alleged that James was the attorney of General Gordon and General Colquitt to sell their interest in land lying in Douglas county, with power to make deeds thereto and receive the money therefor, “but said power did not authorize him to sell for…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) 1. The petition alleges that the unauthorized credit sale was made by the *523agent in 1889that the deed was recorded in the same year; and that the defendant corporations had been in possession from that date until April, 1903, when the present suit was filed, a period of fourteen years. If the original purchaser knew, or was charged with notice, that the agent was exceeding his authority in making a sale on credit instead of for cash, this would put the conveyance where it could be treated as void at the option of the principal. Civil Code, § 3021. Compare…
2Cases cited5 opinions
- Moore v. CareySupreme Court of Georgia · 1902
- Red Cypress Lumber Co. v. PerrySupreme Court of Georgia · 1903
- Montague v. CummingsSupreme Court of Georgia · 1903
- Lumpkin v. WilsonTennessee Supreme Court · 1871
- Hays v. CallawaySupreme Court of Georgia · 1877
3Cited by19 opinions
- Augusta Land Co. v. Augusta Railway & Electric Co.Supreme Court of Georgia · 1913
- Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
- Binder v. MillikinCourt of Appeals of Texas · 1918
- Brooke & Co. v. Cunningham Bros.Court of Appeals of Georgia · 1916
- Harris v. UnderwoodSupreme Court of Georgia · 1951
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