Nelson v. Atlanta, Knoxville & Northern Railway Co.
Supreme Court of Georgia
Petition for specific performance. Before Judge Pendleton. Fulton superior court. October 23, 1909. G. K. Nelson, as bishop of the Diocese of Atlanta, and as such successor to the bishop of the Protestant Episcopal Church in the Diocese of Georgia, and trustee of the Protestant Episcopal Church in the Diocese of Atlanta,.and trustee for St. Philips Parish, filed an equitable petition against the Atlanta, Knoxville'& Northern Railway Company, alleged to be a Georgia…
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Petition for specific performance. Before Judge Pendleton. Fulton superior court. October 23, 1909. G. K. Nelson, as bishop of the Diocese of Atlanta, and as such successor to the bishop of the Protestant Episcopal Church in the Diocese of Georgia, and trustee of the Protestant Episcopal Church in the Diocese of Atlanta,.and trustee for St. Philips Parish, filed an equitable petition against the Atlanta, Knoxville'& Northern Railway Company, alleged to be a Georgia corporation, the Louisville Property Company, alleged to be a Kentucky c.orporation, and the Louisville & Nashville Railroad…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The definitions of personal covenants and covenants running with land are. not difficult, but sometimes it is a matter of no small difficulty to declare whether a particular covenant belongs to the one class or to the other. The difference in consequences between a covenant the obligation of which remains fixed upon particular contracting parties and one in which a conveyance of the land is accompanied by the obligation, is great. In the case before us a proposition was made for the purchase of land on certain stated “terms, covenants, and conditions.”…
2Cases cited5 opinions
- Morris v. . WhitcherNew York Court of Appeals · 1859
- Oliver Refining Co. v. Portsmouth Cotton Oil Refining Corp.Supreme Court of Virginia · 1909
- Clifton v. Jackson Iron Co.Michigan Supreme Court · 1889
- Davis v. LeeWashington Supreme Court · 1909
- Douglas v. Union Mutual Life Ins.Illinois Supreme Court · 1889
3Cited by7 opinions
- Augusta Land Co. v. Augusta Railway & Electric Co.Supreme Court of Georgia · 1913
- Louisville & Nashville Railroad v. NelsonSupreme Court of Georgia · 1916
- Loftis v. ClaySupreme Court of Georgia · 1927
- Moxley v. AdamsSupreme Court of Georgia · 1940
- Godfrey & Candler v. HusonSupreme Court of Georgia · 1935
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