Witt v. Sims
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Fulton superior court. June 27, 1912. Carl Witt brought an equitable petition against Roff Sims, W. E. Wimpy, and the clerk of the superior court.
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Equitable petition. Before Judge Pendleton. Fulton superior court. June 27, 1912. Carl Witt brought an equitable petition against Roff Sims, W. E. Wimpy, and the clerk of the superior court. He alleged in'substance as follows: On the second day of January, 1909, the plaintiff entered into a writing with Roff Sims, which was as follows: “Atlanta, Ga., January 2nd, 1909. I, having this day purchased through Roff Sims the vacant lot in Atlanta, Georgia, from J. F. Leary, situated on the northeast corner of Peachtree street and East Harris street, being one hundred (100) feet on Peachtree street…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The paper involved in this case was plainly not one which the clerk of the superior court was authorized to record on the deed books of the county. It was a mere agreement between a landowner and a real-estate broker in regard to giving the latter the right to sell the land, or paying him a commission, if the land should be sold by him, the owner, or any other person. It did not purport to convey any title, interest, or easement in the land, or to create any lien upon it. If it had been otherwise a recordable paper, it was not properly attested or probated…
2Cases cited2 opinions
- Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
- Hairalson v. CarsonSupreme Court of Georgia · 1900
3Cited by6 opinions
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- Collins v. Storer Broadcasting Co.Supreme Court of Georgia · 1961
- Chicago Auditorium Ass'n v. WillingCourt of Appeals for the Seventh Circuit · 1927
- Rivera v. RibasSupreme Court of Puerto Rico · 1923
- Timeplan Loan & Investment Corp. v. MoreheadSupreme Court of Georgia · 1965
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