Pearson v. Courson
Supreme Court of Georgia
Petition for specific performance. Before Judge Holden. Hancock superior court. September 26, 1906. This is a suit to compel the specific performance of a contract for the conveyance of land, and for other relief. The declaration in substance alleged the following: Mrs. Guill was the owner of a tract of land. She sold it to Pearson, the plaintiff, giving him a bond for title and taking notes for the purchase-money.
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Petition for specific performance. Before Judge Holden. Hancock superior court. September 26, 1906. This is a suit to compel the specific performance of a contract for the conveyance of land, and for other relief. The declaration in substance alleged the following: Mrs. Guill was the owner of a tract of land. She sold it to Pearson, the plaintiff, giving him a bond for title and taking notes for the purchase-money. By her permission Pearson immediately entered and continuously remained in actual possession until the filing of the suit. While in possession, after Pearson, by payments, had…
1Opinion of the CourtAtkinson, J.
1. Under the allegations of the petition, while Pearson was in actual possession under an executory contract to buy, Lewis bought from Mrs. Guill, taking a deed and agreeing, upon payment of the balance of the purchase-money, to execute a deed to Pearson. This agreement was ratified by Pearson, who continued to pay interest to Lewis, and otherwise manifested his consent to the transaction. Under these circumstances, Lewis assumed the position of Mrs. Guill, and the relation of vendor and vendee arose between Lewis and Pearson. By the subsequent contract between Lewis and Pearson and T. N.…
2Cases cited3 opinions
- Bryant v. BoozeSupreme Court of Georgia · 1875
- Macon & Birmingham Railway Co. v. WaltonSupreme Court of Georgia · 1904
- Coston v. CostonSupreme Court of Georgia · 1881
3Cited by13 opinions
- Cowart v. SingletarySupreme Court of Georgia · 1913
- Finney v. BlalockSupreme Court of Georgia · 1950
- Gilleland v. WelchSupreme Court of Georgia · 1945
- Archer v. KelleySupreme Court of Georgia · 1942
- Zipperer v. HelmnlySupreme Court of Georgia · 1918
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