Hollywood Cemetery Corp. v. Hudson
Supreme Court of Georgia
Complaint for land. Before Judge Pendleton. Fulton superior court. April 27, 1908. - The original petition alleged the plaintiff to be the owner of a tract of land “adjoining the Hollywood Cemetery 'property and lying between said Cemetery property and Proctor’s creek, containing thirteen acres, more or less, being ip. land lot 250 in the 17th district of said [Fulton] county, and being the thirteen acres owned and excepted in the deed made by J. C. Mayfield and T. J. Eady…
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Complaint for land. Before Judge Pendleton. Fulton superior court. April 27, 1908. - The original petition alleged the plaintiff to be the owner of a tract of land “adjoining the Hollywood Cemetery 'property and lying between said Cemetery property and Proctor’s creek, containing thirteen acres, more or less, being ip. land lot 250 in the 17th district of said [Fulton] county, and being the thirteen acres owned and excepted in the deed made by J. C. Mayfield and T. J. Eady to the Hollywood Cemetery Company.” By amendment to the petition the land conveyed by Mayfield and Eady to the Hollywood…
1Opinion of the CourtFish, C. J.
(After stating the facts).
1. There was no merit in the point that the exception in the deed from Eady and Mayfield to the Hollywood Cemetery Company was void because of a vague and indefinite description of the thirteen acres, more or less, embraced in the exception. It is clear from the language of the deed that the grantors did not intend to convey the land referred to in the exception. The tract, of which the thirteen acres, more or less, was apart, was accurately described by metes and bounds, and in the exception the 13 acres, more or less, was described as “lying along and contiguous to…
2Cases cited9 opinions
- Crawford v. VernerSupreme Court of Georgia · 1905
- Andrews v. MurphySupreme Court of Georgia · 1853
- Wellmaker v. WheatleySupreme Court of Georgia · 1905
- Johnson v. McKaySupreme Court of Georgia · 1903
- Harwell v. FosterSupreme Court of Georgia · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bennett v. GreenSupreme Court of Georgia · 1923
- Guess v. MorganSupreme Court of Georgia · 1943
- Williams v. PerrySupreme Court of Georgia · 1911
- Hunter v. BowenSupreme Court of Georgia · 1911
- NORTON REALTY & LOAN COMPANY, INC. v. Bd. of Ed. of Hall CountyCourt of Appeals of Georgia · 1973
6 more not listed; retrieve them via the Exa API.