Bethune v. Dozier
Supreme Court of Georgia
Debt, in Muscogee Superior Court. Tried before Judge Iverson, May Term, 1851. On 24th day of September, 1839, Pryor Dozier leased or rented to Garland B. C. Terry and Sterling Terry, a set of mills on Upatoie Creek, known as Fuller’s Mills, “ and also the privilege of eight hundred acres of pine land adjoining the said mills, for the purpose of supplying the said mills with stocks; also the dwelling and out houses, &c.”
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Debt, in Muscogee Superior Court. Tried before Judge Iverson, May Term, 1851. On 24th day of September, 1839, Pryor Dozier leased or rented to Garland B. C. Terry and Sterling Terry, a set of mills on Upatoie Creek, known as Fuller’s Mills, “ and also the privilege of eight hundred acres of pine land adjoining the said mills, for the purpose of supplying the said mills with stocks; also the dwelling and out houses, &c.” The rent reserved was 125,000 feet of lumber per annum; to be paid monthly, or $1,000 per annum, at the option of the lessees. On the back of the lease was a bond executed by…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Was the Circuit Court right in holding that the Terrys might accept of 680 acres of pine land, in lieu of the 800 stipulated by Dozier to be furnished for the use of the saw-mill, without discharging Bethune, the surety ?
[1.] No principle of law is better settled at this day, than that the undertaking of the surety, being one stricti juris, he cannot, either at Law or in Equity, be bound farther or otherwise, than he is by the very terms of his contract; and that if the parties to the original contract think proper to change the terms of it…
2Cases cited1 opinion
- United States v. VanzandtSupreme Court of the United States · 1826
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- LeCraw v. Atlanta Arts Alliance, Inc.Court of Appeals of Georgia · 1972
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