Jarvis & Wilson v. Burke
Supreme Court of Georgia
Deeds. Title. Mortgages. ' Charge of Court. New trial. Before Judge Clark. Webster Superior Court. March Term, 1877. One Pickett conveyed land to Burke et al., aud took an obligation for its reconveyance upon the repayment of the purchase money within a certain time. Afterwards Jarvis & Wilson recovered judgment against Pickett, and levied on the land. It was claimed by Burke et al.
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Deeds. Title. Mortgages. ' Charge of Court. New trial. Before Judge Clark. Webster Superior Court. March Term, 1877. One Pickett conveyed land to Burke et al., aud took an obligation for its reconveyance upon the repayment of the purchase money within a certain time. Afterwards Jarvis & Wilson recovered judgment against Pickett, and levied on the land. It was claimed by Burke et al. The consideration expressed in the deed was $501. Whether any of this was paid in cash, and how much, the evidence is conflicting. It seems, however, that at least a portion of the consideration was for money…
1Opinion of the Court
Warner, Chief Justice.
This was a claim case, on the trial of which the jury, under the charge of the court, found a verdict in favor of the claimants. A motion was made for a new trial, on several grounds, which was overruled by the court, and the plaintiffs excepted.
1. The deed executed by the defendant to the claimants, vested the title to the land in them, so far as to secure the payment of the consideration therein expressed, notwithstanding a bond was executed by the claimants to reeonvey the land on the payment thereof, as provided by the act of 1871. If the plaintiffs, as subsequent…
2Cited by5 opinions
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- Hampton v. Gwinnett Bank & Trust Co.Supreme Court of Georgia · 1983