Tompkins v. Corry
Supreme Court of Georgia
In Equity, in Heard Superior Court. Tried before Judge Hill, April Term, 1853. The facts in this case are as follows: In October, 1839, Nicholas Tompkins sold to Wm. J. Garmany, a tract of land, for the sum of $16,000; for the purchase money of which he took Garmany’s notes, due as follows: $3,000, January 1, 1841; 3,000, January 1, 1842 ; $3,000, January 1, 1843; $4,000, January 1, 1844; besides $3,000, which was paid in cash.
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In Equity, in Heard Superior Court. Tried before Judge Hill, April Term, 1853. The facts in this case are as follows: In October, 1839, Nicholas Tompkins sold to Wm. J. Garmany, a tract of land, for the sum of $16,000; for the purchase money of which he took Garmany’s notes, due as follows: $3,000, January 1, 1841; 3,000, January 1, 1842 ; $3,000, January 1, 1843; $4,000, January 1, 1844; besides $3,000, which was paid in cash. To secure the notes, he took a mortgage on the premises. In 1840, Garmany re-sold the land to Tompkins, on the following terms, as stated by a witness, who took it…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] We are clear that a new trial should have been granted in this case. There is not a scintilla of testimony to warrant the verdict. It could only have been rendered by computing interest on the items of mutual indebtedness between the parties : that is, on the $11,000 against Tompkins, from the time he went into possession of the land, in October or November, 1840; and then on each of the notes of Garmany, as they severally fell due, up to the time of rendering the decree, and *121setting off one against the other, and striking a balance. And…
2Cited by13 opinions
- Smith v. PilcherSupreme Court of Georgia · 1908
- Jones v. TeasleyCourt of Appeals of Georgia · 1920
- Arnold v. ArnoldSupreme Court of Georgia · 1976
- Manry v. StephensSupreme Court of Georgia · 1940
- Calhoun v. Babcock Bros. Lumber Co.Supreme Court of Georgia · 1944
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