Atlanta, Knoxville & Northern Railway Co. v. McKinney
Supreme Court of Georgia
Action on contract. Before Judge Gober. Fannin superior court. May 26, 1905. McKinney brought suit against the Atlanta, Knoxville and Northern Railway Company, and alleged: On September 13, 1886, Andrew W. Green conveyed to petitioner the exclusive right to the use and control of all the springs and branches upon a described lot of land in Fannin county, for the purpose of being used on an adjacent lot of land.
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Action on contract. Before Judge Gober. Fannin superior court. May 26, 1905. McKinney brought suit against the Atlanta, Knoxville and Northern Railway Company, and alleged: On September 13, 1886, Andrew W. Green conveyed to petitioner the exclusive right to the use and control of all the springs and branches upon a described lot of land in Fannin county, for the purpose of being used on an adjacent lot of land. On November 12, 1888, petitioner conveyed to the Marietta and North Georgia Railroad Company the right to the use of water from the branches and springs on the said lot of land, for…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) The right of ■action of the petitioner depends upon whether or not the covenant to convey water to his residence is a covenant running with the land. If it is a real covenant, he may recover fox its breach against the assignee of the covenantor. If it is only a collateral or personal covenant, he has no cause of action. The determination of a question of this character is usually one of some difficulty. “All covenants are either real or personal. Those so closely connected with the realty that their benefit or burden passes with the realty are construed to…
2Cases cited8 opinions
- Atlanta Consolidated Street Railway Co. v. JacksonSupreme Court of Georgia · 1899
- Georgia Southern Railroad v. ReevesSupreme Court of Georgia · 1880
- Vizard v. MoodySupreme Court of Georgia · 1904
- Willcox v. KehoeSupreme Court of Georgia · 1905
- Howard Manufacturing Co. v. Water Lot Co.Supreme Court of Georgia · 1875
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3Cited by77 opinions
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