Wall v. Arrington
Supreme Court of Georgia
In Equity, in Twiggs Superior Court. Tried before Judge Powers. September Term, 1852. In the year 1835, William Johnson sold lot of land number 112, in the 28th district of Twiggs County, to Wm.
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In Equity, in Twiggs Superior Court. Tried before Judge Powers. September Term, 1852. In the year 1835, William Johnson sold lot of land number 112, in the 28th district of Twiggs County, to Wm. E. A. Wall, who afterwards, to wit, in 1840, executed a mortgage deed to the north-east half of said lot, to Ira Peck, to secure the payment of $300.00, and in drafting the mortgage, the said lot was described as being number 109, instead of 112. The mortgage was afterwards foreclosed and the land sold, when Peck became the purchaser, and the Sheriff executed him a deed, in which the same mistake as…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The questions in this case are all made by the refusal of the Court to charge as requested by the defendant’s counsel. I shall take up the points in their natural order, and not as they stand in the bill of exceptions.
[1.] The 4th and 5th grounds are the same in substance, and the proposition which they assert is, thatparol proof is inadmissible to correet mistakes in bonds, deeds of mortgage and other contracts, respecting lands.
Chancellor Kent, in 1817, thirty-six years ago, declared that it had been the steady language of the English Chancery…
2Cases cited3 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- In re HoweNew York Court of Chancery · 1828
- White v. WilsonIndiana Supreme Court · 1843
3Cited by17 opinions
- Delaware Insurance v. Pennsylvania Fire InsuranceSupreme Court of Georgia · 1906
- Long v. GilbertSupreme Court of Georgia · 1909
- Steadham v. CobbSupreme Court of Georgia · 1938
- Helton v. ShellnutSupreme Court of Georgia · 1938
- Feltham v. BlunckIdaho Supreme Court · 1921
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