Brown v. Newsom
Supreme Court of Georgia
In Equity, from Dooly Superior Court. Decision by Judge Powers, at October Term, 1857. Motion to Dissolve Injunction. This bill was filed by James W. Brown, against Solomon Newsom, ITeury D. Mashburn, and Louisa Oliver, for relief, discovery and injunction.
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In Equity, from Dooly Superior Court. Decision by Judge Powers, at October Term, 1857. Motion to Dissolve Injunction. This bill was filed by James W. Brown, against Solomon Newsom, ITeury D. Mashburn, and Louisa Oliver, for relief, discovery and injunction. The bill alleges in substance, that in October, 1833, Newsom sold to one David Mashburn, a tract of land in Dooly county, for the sum of two hundred dollars, one half payable 25th December, 1834, and the other half payable 25th December, 1835, and for which Mashburn gave his notes. Newsom at the same time executing and delivering to…
1Opinion of the CourtLumpkin, J.
By the Court. delivering the opinion.
Independent of the allegation in the bill, of the tender of the purchase money by Waters as the administrator of Mashihurn, which is denied by the defendant, we hold, that there is equity in the bill.
The bond itself is peculiar. It contemplates, that the vendee will go into possession of the land, for it is so expressed upon its face; but when or how long it might be before titles could be made, is uncertain. The notes for the two installments of the purchase money fell due at the end of the years 1834 and 1S35, respectively; and there was nothing to…
2Cited by3 opinions
- Allen v. NapierSupreme Court of Georgia · 1885
- Allen v. NapierSupreme Court of Georgia · 1885
- Allen v. NapierSupreme Court of Georgia · 1885