Hester v. Gairdner
Supreme Court of Georgia
Equitable petition. Before Judge Holden. Elbert superior court. July 10, 1906. Anderson Hester made a deed in the form of an ordinary warranty deed to Mrs. Lavonia Gairdner, guardian.
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Equitable petition. Before Judge Holden. Elbert superior court. July 10, 1906. Anderson Hester made a deed in the form of an ordinary warranty deed to Mrs. Lavonia Gairdner, guardian. It was dated December 6, 1900, and expressed a consideration of $243.40. Lavonia Gairdner, as guardian for James P. Gairdner, brought suit against Blackwell, as administrator of Hester, alleging, that up to December 6, 1900, she had advanced to Hester the sum of $243.40, and that on said date she took an absolute deed from him to secure the payment of the sum named; that after the date of the deed she advanced…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
1. The demurrer was without merit, and was properly overruled.
2. Objection was made to the admission of parol evidence offered for the purpose of showing that when the deed was made, Hester and the agent of the plaintiff agreed that it was to secure not only the amount of money already advanced, but also that which might be subsequently advanced, and that the plaintiff was not to convey the land back to Hester so long as any part of the money that might be subsequently advanced by her to him should remain unpaid. This was objected to on the ground that it tended to…
2Cases cited26 opinions
- McKinster v. . BabcockNew York Court of Appeals · 1863
- Stoddard v. . HartNew York Court of Appeals · 1861
- Stone v. MinterSupreme Court of Georgia · 1900
- Stover v. HerringtonSupreme Court of Alabama · 1844
- Tully v. HarloeCalifornia Supreme Court · 1868
21 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mims v. JonesSupreme Court of Georgia · 1910
- Askew v. ThompsonSupreme Court of Georgia · 1907
- Carrington v. Citizens BankSupreme Court of Georgia · 1915
- Pusser v. ThompsonSupreme Court of Georgia · 1909
- Bashinski v. SwintSupreme Court of Georgia · 1909
18 more not listed; retrieve them via the Exa API.