Legal Opinion

Tompkins v. Corry

Supreme Court of Georgia

Decided August 15, 1853No. 17PublishedCited by 13 opinions

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

  1. Smith v. PilcherSupreme Court of Georgia · 1908
  2. Jones v. TeasleyCourt of Appeals of Georgia · 1920
  3. Arnold v. ArnoldSupreme Court of Georgia · 1976
  4. Manry v. StephensSupreme Court of Georgia · 1940
  5. Calhoun v. Babcock Bros. Lumber Co.Supreme Court of Georgia · 1944

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