Legal Opinion

Carr v. Graham

Supreme Court of Georgia

Decided July 11, 1907PublishedCited by 8 opinions

Equitable petition. Before Judge Wright. Floyd superior court. May 9, 1906. Eliza J. Graham filed her equitable petition against William A. Carr to the January term, 1906, of Floyd superior court, containing substantially the following allegations: Prior to 1897 she owned and possessed a described farm in Floyd County, and Carr, the defendant, was her agent to rent it, pay taxes on it, and keep the property in repair and otherwise care for it.

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Equitable petition. Before Judge Wright. Floyd superior court. May 9, 1906. Eliza J. Graham filed her equitable petition against William A. Carr to the January term, 1906, of Floyd superior court, containing substantially the following allegations: Prior to 1897 she owned and possessed a described farm in Floyd County, and Carr, the defendant, was her agent to rent it, pay taxes on it, and keep the property in repair and otherwise care for it. She had executed to the Security Investment Company a deed conveying this property as security for a debt of $1,300, which contained a power of sale.…

1Opinion of the CourtEvans, J.

The original petition, as illustrated by the prayer for cancellation, was projected on the theory that the defendant, by false statements, deterred a bidder, able and willing to buy, from bidding on the plaintiffs land at an enforced sale at public auction, under a written power, and pur chased the land himself for a grossly inadequate sum; that the title to the land thus acquired was fraudulent, and should he canceled. She voluntarily amended her petition by withdrawing the prayer for cancellation, and substituting therefor a prayer that under the facts alleged the court decree that the…

2Cases cited2 opinions

  1. Rives v. LawrenceSupreme Court of Georgia · 1870
  2. Williams v. TurnerSupreme Court of Georgia · 1849

3Cited by8 opinions

  1. Mays v. PerrySupreme Court of Georgia · 1943
  2. Sullivan v. Federal Farm Mortgage Corp.Court of Appeals of Georgia · 1940
  3. Allen v. WadeSupreme Court of Georgia · 1948
  4. Cook v. PowellSupreme Court of Georgia · 1925
  5. Bracewell v. ColemanSupreme Court of Georgia · 1940

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