North Georgia Mining Co. v. Latimer
Supreme Court of Georgia
Witness. Contracts. Consideration. Equity. Specific performance. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. The North Georgia Mining Company filed its bill against Charles Latimer, making, substantially, the following case: The defendant, being the owner of lot of land number twenty, in the ninth district of the second section of originally Cherokee, now Fannin county, supposed to contain valuable mineral deposits, leased the same, with a conditional…
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Witness. Contracts. Consideration. Equity. Specific performance. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. The North Georgia Mining Company filed its bill against Charles Latimer, making, substantially, the following case: The defendant, being the owner of lot of land number twenty, in the ninth district of the second section of originally Cherokee, now Fannin county, supposed to contain valuable mineral deposits, leased the same, with a conditional right of purchase, to R. G. A. Love and William Johnston, of the State of North Carolina, on March 17th, 1854, and said…
1Opinion of the Court
McCay, Judge.
1. My brother Trippe and myself join with the Chief Justice in holding that the death of one of these contractors does not exclude Mr. Latimer as a witness. In the first place, the party to the suit is a corporation, and the death of one of its members is not within either the letter or the spirit of the exceptions in the evidence Act of 1866. Nor, as we think, does the ease, even were the original contractors parties, come within the spirit of the exceptions. Here are several of the original contractors living who may and do confront Mr. Latimer, and the mischief intended to be…
2Cited by4 opinions
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- Rogers v. Coronet InsuranceCourt of Appeals of Georgia · 1992
- McCutchen v. Rice & Co.Mississippi Supreme Court · 1879
- Hammond v. DrewSupreme Court of Georgia · 1878