Burke v. Anderson
Supreme Court of Georgia
Equity pleading. Mistake. Before Judge Alexander. Pulaski Superior Court. October term, 1869. Simon Merritt has lived very many years on a certain plantation in said county, one undivided half of which was owned by him and the other half by his son-in-law, Ruel W. Anderson.
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Equity pleading. Mistake. Before Judge Alexander. Pulaski Superior Court. October term, 1869. Simon Merritt has lived very many years on a certain plantation in said county, one undivided half of which was owned by him and the other half by his son-in-law, Ruel W. Anderson. On the 2d of January, 1868, in consideration that Frisbee & Roberts, of New York, had advanced to Merritt $5000 00 to enable him to cany on his farming operations during 1868, Merritt gave them his note therefor, and as security for such advance, in the same paper, a lien upon the crop to be raised on said plantation in…
1Opinion of the CourtMcCay, J.
1. Where there is in fact a sale or mortgage of property, by one man to another, and, by a mistake in the execution of the conveyance, the true intention or contract of the parties, is not expressed, it is a common and very ancient jurisdiction of Courts of Equity to correct the mistake, to cause the instrument to speak the facts, and to put the parties, as to each other, in the true position in which they thought they had placed themselves. Nor is this relief confined to the original parties, but will be extended, both for and against their privies, in estate and in law.: 1 Ves., 314; 8…
2Cited by16 opinions
- Davis v. JohnsonSupreme Court of Georgia · 1978
- Neal Lumber & Manufacturing Co. v. O'NealSupreme Court of Georgia · 1932
- Feltham v. BlunckIdaho Supreme Court · 1921
- Saunders v. Citizens First National BankSupreme Court of Georgia · 1927
- Wainwright v. FlandersIndiana Supreme Court · 1878
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