Wilkes v. Groover
Supreme Court of Georgia
Equitable petition. Before Judge Sheppard. Liberty superior court. August 4, 1911. .
1Opinion of the CourtLumpkin, J.
1, 2. The provision contained in the deed, and whichps set out in the first headnote, created a condition subsequent, not a limitation. Shannon v. Fuller, 20 Ga. 566; Moss v. Chappell, 126 Ga. 196 (54 S. E. 968); Civil Code, § 3717. If the grantee voluntarily failed or refused to comply with such condition in the deed, the grantor had a right of re-entry for condition broken. He was not obliged to declare a forfeiture or to re-enter. The evidence tended to show at least some degree of care and maintenance furnished to him and his wife. If it was not a full compliance with the obligation…
2Cases cited5 opinions
- Moss v. ChappellSupreme Court of Georgia · 1906
- Nugent v. WatkinsSupreme Court of Georgia · 1907
- Horton v. SmithSupreme Court of Georgia · 1902
- Parker v. BallardSupreme Court of Georgia · 1905
- Shannon v. FullerSupreme Court of Georgia · 1856
3Cited by19 opinions
- Preferred Real Estate Equities, Inc. v. Housing Systems, Inc.Court of Appeals of Georgia · 2001
- Hardman v. Dahlonega-Lumpkin County Chamber of CommerceSupreme Court of Georgia · 1977
- Mayor of Gainesville v. Brenau CollegeSupreme Court of Georgia · 1920
- Self v. BillingsSupreme Court of Georgia · 1913
- Burkhalter v. DeLoachSupreme Court of Georgia · 1930
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