Louisville & Nashville Railroad v. Nelson
Supreme Court of Georgia
Equitable petition. Before Judge Bell. Eulton superior court. January 30, 1915. This was an equitable action by the trustee of the Protestant Episcopal Church against the Louisville and Nashville Railroad Company aird the Atlantic Coast Line Railroad Company, lessees of the Georgia Railroad Company, for specific performance of a covenant in regard to locating and improving a street in the City of' Atlanta. The exception is to a judgment overruling a demurrer to the petition.
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Equitable petition. Before Judge Bell. Eulton superior court. January 30, 1915. This was an equitable action by the trustee of the Protestant Episcopal Church against the Louisville and Nashville Railroad Company aird the Atlantic Coast Line Railroad Company, lessees of the Georgia Railroad Company, for specific performance of a covenant in regard to locating and improving a street in the City of' Atlanta. The exception is to a judgment overruling a demurrer to the petition. There were allegations in the petition to the following effect: The church owned a lot in the City of Atlanta, on which…
1Opinion of the CourtAtkinson, J.
1. In a different suit brought by the church against the first contracting railroad company upon the executory contract, after the church had executed its deed, this court held that the contract was merged into the deed and could not be enforced against the original purchaser as containing personal covenants. Nelson v. Atlanta, Knoxville & Northern Ry. Co., 135 Ga. 572 (69 S. E. 1118). After that decision the present suit was instituted against the lessees (the grantees in the last deed); and it is now urged that the petition does not show such privity.of contract between the church and the…
2Cases cited13 opinions
- Atlanta, Knoxville & Northern Railway Co. v. McKinneySupreme Court of Georgia · 1906
- Sheppard v. BridgesSupreme Court of Georgia · 1912
- Clark v. CagleSupreme Court of Georgia · 1914
- Georgia Southern Railroad v. ReevesSupreme Court of Georgia · 1880
- Kytle v. KytleSupreme Court of Georgia · 1907
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3Cited by20 opinions
- Shropshire v. RaineySupreme Court of Georgia · 1920
- Morgan v. ArgardSupreme Court of Georgia · 1918
- Missouri State Oil Co. v. PessinaSupreme Court of Missouri · 1950
- Alropa Corporation v. PomeranceSupreme Court of Georgia · 1940
- Federal Land Bank v. PaschallSupreme Court of Georgia · 1935
15 more not listed; retrieve them via the Exa API.