Taylor v. Sutton
Supreme Court of Georgia
In Equity in Dooly Superior Court. Decision on demurrer, made by Judge Bowers, October Term, 1853. Hugh F. Rose drew lot of -land No. ninety, in the 10th district of Dooly county, for which he received a plot and grant from the State. In 1841, Rose sold the land to Eli Benson,, the latter giving his notes for the purchase-money.
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In Equity in Dooly Superior Court. Decision on demurrer, made by Judge Bowers, October Term, 1853. Hugh F. Rose drew lot of -land No. ninety, in the 10th district of Dooly county, for which he received a plot and grant from the State. In 1841, Rose sold the land to Eli Benson,, the latter giving his notes for the purchase-money. Rose executed the deed to John S. Taylor, with the understanding and' agreement inserted in the deed, that if the purchase-money was* not paid, then the deed was to be null and void. Rose and: Benson both departed this life, and in 1846 executions obtained' against…
1Opinion of the Court
*105 By the Court.
Lumpkin, J.
delivering the opinion.
An action of ejectment was brought by John S. Taylor, against Andrew Sutton, to recover lot No. 90, in the lfith district of Dooly county. On the first trial, the defendant confessed judgment, with liberty of appeal. He entered an appeal, and again confessed judgment. He now files his bill for a new trial, and general relief.
He states, amongst other things, that this tract of land was drawn by one Hugh F. Rose, to whom it was granted by the State; that it was sold, in 1846, under a Justice’s Court execution against James B. Boyer, as…
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