Dotterer v. Freeman
Supreme Court of Georgia
Equity. Mistake. Usury. Deed. Promissory note. Tender. New trial. Before Judge Roney. Richmond superior court. April adjourned term, 1891. On March 20, 1884, Freeman filed his bill against Roberts, the Bank of Augusta and Mary A. Newby, of Richmond county, and her trustee, Dotterer, of South Carolina, alleging, in brief : In April, 1879, he bought at the city of Augusta sheriff’s sales for taxes certain described land with the improvements thereon, for $800, and agreed with…
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Equity. Mistake. Usury. Deed. Promissory note. Tender. New trial. Before Judge Roney. Richmond superior court. April adjourned term, 1891. On March 20, 1884, Freeman filed his bill against Roberts, the Bank of Augusta and Mary A. Newby, of Richmond county, and her trustee, Dotterer, of South Carolina, alleging, in brief : In April, 1879, he bought at the city of Augusta sheriff’s sales for taxes certain described land with the improvements thereon, for $800, and agreed with the Bank of Augusta to borrow that sum from it and to secure it by a conveyance of the land. Having obtained the money…
1Opinion of the Court
Bleckley, Chief Justice.
1. The bill does not pray in express terms to set aside the deed from the sheriff to Roberts; nor would it be any cause to set aside this deed that by mistake on the part of Freeman, it conveyed the property to Roberts, the president of the bank which made the loan the deed was intended to secure, instead of directly to the bank as Freeman intended it should be made. The mistake was not mutual. The bank, as well as the president, *495was satisfied with the deed as it was, and whether it was made to the one or the other, its effect as to Freeman was the same, its purpose…
2Cases cited3 opinions
- Thomson v. WoosterSupreme Court of the United States · 1885
- Bugg v. RussellSupreme Court of Georgia · 1886
- Pope v. HeartwellSupreme Court of Georgia · 1888
3Cited by3 opinions
- Long v. GreshamSupreme Court of Georgia · 1918
- Johnson v. HullSupreme Court of Arkansas · 1893
- Fleming v. Georgia Railroad BankSupreme Court of Georgia · 1904