Kite v. Vickery
Supreme Court of Georgia
Equitable petition. Before Judge Hutcheson. Campbell superior court. November 1, 1921. J. C. Kite filed a petition against T. J. Vickery and his wife, Mrs. L. M. Vickery, alleging in substance as follows: On September 27, 1916, T. J. Vickery executed to A. E. Copeland and J. W. Shuford a bond for title to described property. On November 18, 1918, Copeland and Shuford transferred said bond to petitioner.
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Equitable petition. Before Judge Hutcheson. Campbell superior court. November 1, 1921. J. C. Kite filed a petition against T. J. Vickery and his wife, Mrs. L. M. Vickery, alleging in substance as follows: On September 27, 1916, T. J. Vickery executed to A. E. Copeland and J. W. Shuford a bond for title to described property. On November 18, 1918, Copeland and Shuford transferred said bond to petitioner. The consideration for the transfer was paid to Copeland and Shuford on November 17, 1917, but owing to the absence of Shuford the transfer was not actually signed until the date named above.…
1Opinion of the CourtGilbert, J.
The petition set out a cause of action, and the evidence was sufficient to prove the case substantially as laid. *304Therefore it necessarily follows that the court erred in granting a nonsuit. Vickery v. Swicord, 151 Ga. 145 (106 S. E. 92). The defendants, Yickery et al., contend that under the terms of the bond, if the purchase-money notes were not paid at the time specified, the vendor had the right to rescind the trade; citing McDaniel v. Gray, 69 Ga. 433, and other later cases to the same purport. They point out that the vendors were still occupying the land in question, never having…
2Cases cited2 opinions
- McDaniel v. Gray & Co.Supreme Court of Georgia · 1882
- Vickery v. SwicordSupreme Court of Georgia · 1921
3Cited by4 opinions
- Pierpont Mfg. Co. v. Mayor of SavannahSupreme Court of Georgia · 1922
- Crowell v. WilliamsCourt of Appeals of Georgia · 2005
- Douglas v. VourtsanisSupreme Court of Georgia · 1947
- Evans v. StephensCourt of Appeals of Georgia · 1930