Cade v. Burton
Supreme Court of Georgia
Equity. Elbert County Superior Court. Decided by Judge Wm. M. Reese. September Term, 1866. The controversy in this case was about a strip of land claimed by the proprietors of two contiguous tracts, known as the Burton and the Ragland tracts. Eor many years prior to 18J7, the former was owned by the defendant Burton, and the latter by John D. Watkins. In that year, Burton conveyed the former tract to Cade, the plaintiff, by deed, with the usual warranty.
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Equity. Elbert County Superior Court. Decided by Judge Wm. M. Reese. September Term, 1866. The controversy in this case was about a strip of land claimed by the proprietors of two contiguous tracts, known as the Burton and the Ragland tracts. Eor many years prior to 18J7, the former was owned by the defendant Burton, and the latter by John D. Watkins. In that year, Burton conveyed the former tract to Cade, the plaintiff, by deed, with the usual warranty. At the end of the deed this clause occurs: “There is a disputed line of boundary between John D. u Watkins and myself, on the west of my…
1Opinion of the CourtLumpkin, C. J.
That Burton perpetrated a gross fraud upon Cade cannot be doubted in this case. Still, Tate is protected, and the only question is, when the suit should have been commenced by Cade against Burton. We think, by analogy, that the period of limitations applicable for the fraud is the same as that which would apply to an action for the land, to-wit: seven years from the discovery of the fraud; which was when Tate commenced clearing the land in dispute in the winter of 1856-57. Consequently, the judgment below, is reversed.
2Cited by17 opinions
- Crawford v. CrawfordSupreme Court of Georgia · 1910
- Wallace v. MizeSupreme Court of Georgia · 1922
- Jones v. SpindelSupreme Court of Georgia · 1977
- Beasley v. SmithSupreme Court of Georgia · 1915
- Knox v. YowSupreme Court of Georgia · 1893
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