McElmurray v. Blodgett
Supreme Court of Georgia
Equitable petition. Before Judge Gary.. Richmond, superior court.- June 22, 1903. On March 8, 1900, Elvira Marshall presented to Hon. E. L. Brinson, then judge of Richmond superior court, her petition, which sets out that on July 9, 1888, she conveyed a certain lot of land to a loan company to secure a loan, repayable in 120 months, in monthly instalments'of $4.50, the entire amount called for being $540, and the company gave her bond to reconvey on payment; that up to July,…
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Equitable petition. Before Judge Gary.. Richmond, superior court.- June 22, 1903. On March 8, 1900, Elvira Marshall presented to Hon. E. L. Brinson, then judge of Richmond superior court, her petition, which sets out that on July 9, 1888, she conveyed a certain lot of land to a loan company to secure a loan, repayable in 120 months, in monthly instalments'of $4.50, the entire amount called for being $540, and the company gave her bond to reconvey on payment; that up to July, 1895, she had repaid $340, but was $33 in arrears, learning which one Blodgett, her grandson, proposed to her to pay…
1Opinion of the CourtCobb, J.
1. The case upon its merits turned upon the construction of a paper. The plaintiff contended that the agreement contained therein was simply one whereby one of the parties agreed to transfer to the other an interest in property to secure the payment of a debt. The defendant contended that the paper contained an absolute transfer of the title, with the right reserved to repurchase *15the property within a given time upon the payment of certain amounts. At the date of the trial the time specified in the contract had expired. Such being true, the case is brought within the principles laid down in…
2Cases cited9 opinions
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- Alabama Midland Railway Co. v. GuilfordSupreme Court of Georgia · 1904
- Kimbro & Morgan v. Virginia & Tennessee Air-Line Railway Co.Supreme Court of Georgia · 1876
- Ellis v. AlmandSupreme Court of Georgia · 1902
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3Cited by29 opinions
- Raleigh & Gaston Railroad v. Pullman Co.Supreme Court of Georgia · 1905
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- Hoffman v. Franklin Motor Car Co.Court of Appeals of Georgia · 1924
- Byrd v. GoodmanSupreme Court of Georgia · 1943
- Pierpont Mfg. Co. v. Mayor of SavannahSupreme Court of Georgia · 1922
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