Strickland v. Hutchinson
Supreme Court of Georgia
Complaint. Before Judge Mitchell. Thomas superior court. January 6, 1905. Strickland brought suit against Hutchinson on a promissory note for $261. The defendant pleaded that the note sued on was one of several given for the purchase-money of certain land; that he bought the land of the plaintiff for the sum of $1,250 and gave his notes therefor, taking a bond for title; that the land which the plaintiff contracted to sell him was 333 acres in the southeast corner of lot of…
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Complaint. Before Judge Mitchell. Thomas superior court. January 6, 1905. Strickland brought suit against Hutchinson on a promissory note for $261. The defendant pleaded that the note sued on was one of several given for the purchase-money of certain land; that he bought the land of the plaintiff for the sum of $1,250 and gave his notes therefor, taking a bond for title; that the land which the plaintiff contracted to sell him was 333 acres in the southeast corner of lot of land No. 416 of the 11th district of Lowndes county; that he paid all of the notes except the one now sued on; that the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) 1, 2. In the view we take of this case, it is unnecessary to discuss the various grounds of the motion for a new trial at length. The bond for title which the plaintiff made to the defendant described the land as follows: “333 acres of land in the southeast corner of lot of land No. 416 in the 11th district of Lowndes county.” This is the entire description contained in the bond as set out in the record. ' If a sale of land is by the tract or entire body, in the absence of fraud a deficiency in the quantity sold can not be apportioned. Civil Code, § 3542.…
2Cases cited5 opinions
- Vaughn v. FitzgeraldSupreme Court of Georgia · 1900
- Gress Lumber Co. v. CoodySupreme Court of Georgia · 1894
- Guernsey v. PhinizySupreme Court of Georgia · 1901
- Turner v. RivesSupreme Court of Georgia · 1886
- Walker v. BryantSupreme Court of Georgia · 1900
3Cited by10 opinions
- Kendall v. WellsSupreme Court of Georgia · 1906
- Johns v. League, Duvall & Powell Inc.Supreme Court of Georgia · 1947
- Cormier v. Martin Lumber Co.Washington Supreme Court · 1917
- Roberts v. GrooverSupreme Court of Georgia · 1923
- Touchton v. MockCourt of Appeals of Georgia · 1955
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