Weyman v. City of Atlanta
Supreme Court of Georgia
Equitable petition. Before Judge Lumpkin. Eulton superior court. January 27, 1904. S. T. Weyman and George W. Connors brought a petition to remove a cloud on the title to a vacant lot in the City of Atlanta, which, it was alleged, belonged to the petitioners in fee.
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Equitable petition. Before Judge Lumpkin. Eulton superior court. January 27, 1904. S. T. Weyman and George W. Connors brought a petition to remove a cloud on the title to a vacant lot in the City of Atlanta, which, it was alleged, belonged to the petitioners in fee. They claimed that in 1899 the land was levied on as the property of Mrs. Janie P. Thompson, for city taxes for the year 1899; that it was sold on December 5, 1899, and bought in by the City of Atlanta under a provision of its charter authorizing it to bid the amount due for taxes; that the property was not redeemed, and on…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) There is some logical inconsistency in the rules relating to the removal of clouds on titles. If the defendant’s claim is valid, it can not be cancelled. If it is absolutely invalid, some decisions hold that the courts will not deal with the question. The complainant, therefore, can secure relief only by setting up a state of facts between these two extremes. Yet one may have an absolutely perfect title to land, but an outstanding claim, be it never so groundless, may prevent the owner from selling his property. The intending purchaser may even be…
2Cases cited1 opinion
- Waters v. LewisSupreme Court of Georgia · 1899
3Cited by24 opinions
- Mentone Hotel & Realty Co. v. TaylorSupreme Court of Georgia · 1925
- Sanders v. BrownCourt of Appeals of Georgia · 2002
- Hardin v. CouncilSupreme Court of Georgia · 1946
- Thomas v. CouchSupreme Court of Georgia · 1930
- Gilmore v. HuntSupreme Court of Georgia · 1911
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