Legal Opinion

Water Lot Co. v. Leonard

Supreme Court of Georgia

Decided June 15, 1860PublishedCited by 10 opinions

Covenant, in Muscogee Superior Court. Tried before Judge Woeeill, at November Term, 1859. This was an action brought by Van Leonard, trustee of the Howard Manufacturing Company, against The Water Lot Company of Columbus, alleging that the defendant sold plaintiff lot of land No. 11, on Bay street, in the city of Columbus, Georgia, near the Chattahoochee river; that at the time of said sale, said parties, among other things, covenanted as follows: “That the building or…

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Covenant, in Muscogee Superior Court. Tried before Judge Woeeill, at November Term, 1859. This was an action brought by Van Leonard, trustee of the Howard Manufacturing Company, against The Water Lot Company of Columbus, alleging that the defendant sold plaintiff lot of land No. 11, on Bay street, in the city of Columbus, Georgia, near the Chattahoochee river; that at the time of said sale, said parties, among other things, covenanted as follows: “That the building or buildings'which might be erected by the said Van Leonard, trustee as aforesaid, his heirs and assigns, on said lot No. 11,…

1Opinion of the Court

By the Court.

Lyon, J.,

delivering the opinion.

1. There is nothing in the first and second grounds of demurrer; because, if the declaration was defective — and we do not think it was — the objections could ha^e been cured by amendment.

The 3d, 4th, 5th and 6th grounds of demurrer are involved in the charge of the Court as given, and in the refusals to charge on the request of counsel.

2. The witness, Parr, was competent. The fact that he owned an interest in the property did not affect him with interest. The property had been sold at sheriff’s sale, as the property of the Howard Manufacturing…

2Cases cited1 opinion

  1. Coweta Falls Manufacturing Co. v. RogersSupreme Court of Georgia · 1856

3Cited by10 opinions

  1. Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
  2. Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
  3. Anderson v. SloaneWisconsin Supreme Court · 1888
  4. Williams v. Island City Milling Co.Oregon Supreme Court · 1894
  5. Taylor Manuf'g Co. v. Hatcher Manuf'g Co.U.S. Circuit Court for the Southern District of Georgia · 1889

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