Askew v. Thompson
Supreme Court of Georgia
Petition for specific performance. Before Judge Spence. Calhoun superior court. December 4, 1906. In May, 1906, Elizabeth Thompson brought an equitable petition against Benjamin H. Askew, the substance of which, so far as material to the consideration of - the points made in the record before us, was as follows: On January 25, 1889, petitioner conveyed to defendant certain described realty, a copy of the instrument of conveyance being attached to the petition as an exhibit.
Read the full summary
Petition for specific performance. Before Judge Spence. Calhoun superior court. December 4, 1906. In May, 1906, Elizabeth Thompson brought an equitable petition against Benjamin H. Askew, the substance of which, so far as material to the consideration of - the points made in the record before us, was as follows: On January 25, 1889, petitioner conveyed to defendant certain described realty, a copy of the instrument of conveyance being attached to the petition as an exhibit. This copy showed the conveyance to have been an unconditional warranty deed, for the expressed consideration of $500.…
1Opinion of the CourtFish, C. J.
(After stating the facts.) 1. In the original petition the plaintiff alleged an obligation on the part of the defendant to reconvey the land covered by her deed to him, “upon her repayment to him of the sum of $500.00 with interest thereon from the date of the deed;” that she had remained in possession of the land ever since she conveyed it to defendant, receiving the rents and profits thereof, with his knowledge and consent, subject only to the payment to him of “Said indebtedness;” and that she had tendered to him “the full amount of the principal and interest due upon said indebtedness.”…
2Cases cited7 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Hester v. GairdnerSupreme Court of Georgia · 1907
- Dawson v. Equitable Mortgage Co.Supreme Court of Georgia · 1899
- Central of Georgia Railway Co. v. HunterSupreme Court of Georgia · 1907
- Waters v. WatersSupreme Court of Georgia · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Davis v. AkridgeSupreme Court of Georgia · 1945
- Patten v. MillerSupreme Court of Georgia · 1940
- Taylor v. TaylorSupreme Court of Georgia · 1943
- Johnson v. SherrerSupreme Court of Georgia · 1944
- Pope v. ThompsonSupreme Court of Georgia · 1924
21 more not listed; retrieve them via the Exa API.