Spriggs v. Bromblett
Supreme Court of Georgia
Equity. Compromise and settlement. Mistake. Before Judge McCutchen, Whitfield Superior Court. October Term, 1874. Spriggs filed his bill against Bromblett, making, in brief, this case-: On the first Tuesday in December, 1868, he purchased a certain lot of land, situated in the town of Dalton, at sheriff’s sale, it having been levied on under an execution against one Fischer. He paid the amount of his bid and took a sheriff’s deed to the same.
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Equity. Compromise and settlement. Mistake. Before Judge McCutchen, Whitfield Superior Court. October Term, 1874. Spriggs filed his bill against Bromblett, making, in brief, this case-: On the first Tuesday in December, 1868, he purchased a certain lot of land, situated in the town of Dalton, at sheriff’s sale, it having been levied on under an execution against one Fischer. He paid the amount of his bid and took a sheriff’s deed to the same. Subsequent to this, he was assured by the defendant and his counsel that the judgment on which the execution issued, by virtue of which this sale was…
1Opinion of the Court
Trippe, Judge.
At the time of the compromise or settlement between the parties, the defendant in the bill, who was plaintiff in the action of ejectment, would have recovered the land under the rule of law as then held by a- majority of the judges of the supreme court. Whilst matters were in that situation complainant, on his own motion, proposed to surrender the land, and upon an interview between the parties sought by himself, it was agreed that he should convey back the land by a quit claim, deed to Bromblett, and that the latter should remit all claim for mesne profits. This agreement was…
2Cited by3 opinions
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- Branson v. WatkinsSupreme Court of Georgia · 1895
- Farmers State Bank v. SingletaryCourt of Appeals of Georgia · 1918