Allen v. Holden
Supreme Court of Georgia
Bill in Equity, in the Superior Court of Carroll county. Tried before Judge Hammond, at the October Term, 1860. The record in'this case presents the facts and questions following, viz.: In the year1 1828 or 1829, John Catlett, the drawer, sold lot of land No. 3, in the 6fh district of Carroll county, to Martin Berry, and received the purchase money, and gave Berry his bond to execute a title when the grant should be taken out.
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Bill in Equity, in the Superior Court of Carroll county. Tried before Judge Hammond, at the October Term, 1860. The record in'this case presents the facts and questions following, viz.: In the year1 1828 or 1829, John Catlett, the drawer, sold lot of land No. 3, in the 6fh district of Carroll county, to Martin Berry, and received the purchase money, and gave Berry his bond to execute a title when the grant should be taken out. Afterward, Martin Berry sold the land.to Jesse Berry, received the purchase money, and executed a bond for titles. In April, 1836, Jesse Berry sold the land to John…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
Larkin A. Allen commenced an action of ejectment in the Superior Court of Carroll county, for lot of land number three, (3,) in the sixth district of that county, against Lewis Barton, the tenant in possession. Pending-that action, Barton filed a bill in equity against one John Catlett, the drawer of the lot, and Allen, the plaintiff in ejectment, setting up an equitable title to the lot in himself, and enjoining the action at law. This bill was dismissed after it had been answered separately by Catlett and Allen. A new bill was then filed by…
2Cited by3 opinions
- Payton v. McPhaulSupreme Court of Georgia · 1907
- Latham v. InmanSupreme Court of Georgia · 1891
- Winn v. Herring-Hall-Marvin Safe Co.Court of Appeals of Georgia · 1925