Legal Opinion

McCauley v. Moses

Supreme Court of Georgia

Decided July 15, 1871PublishedCited by 3 opinions

Eescission of Contract. Before Judge Johnson. Muscogee Superior Court. December Term, 1870. Moses sued McCauley upon a promissory note payable to his order for $837 50. He pleaded that said note was given for a lot of land (described) on condition that said Moses and David Adams should make him good title to said lot, but neither Moses nor Adams nor both ever had any title thereto but the title is in Mrs. Dawkins and Mrs. Payne, under the will of Randell Jones, deceased; he…

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Eescission of Contract. Before Judge Johnson. Muscogee Superior Court. December Term, 1870. Moses sued McCauley upon a promissory note payable to his order for $837 50. He pleaded that said note was given for a lot of land (described) on condition that said Moses and David Adams should make him good title to said lot, but neither Moses nor Adams nor both ever had any title thereto but the title is in Mrs. Dawkins and Mrs. Payne, under the will of Randell Jones, deceased; he was to pay $2,500 00 for the lot, gave Adams his note for $1,250 00 and Moses his note for $1,250 00; he paid Adams $600…

1Opinion of the Court

Lochrane, Chief Justice.

It appears, by the facts presented in this record, that Moses had sued McCauley upon his note given for the purchase of land. The defendant set up by his plea, in the nature of a bill in equity, that the land was bought jointly *579from Moses and a man named Adams, whose bond for titles beheld; that they had no title to the land; that, the title was elsewhere; and further, that the vendors were unable to perform their contract. The plaintiff demurred to this plea, which was sustained by the Court, it appearing that the defendant was in the possession of the land for which…

2Cited by3 opinions

  1. Sanderlin v. WillisSupreme Court of Georgia · 1894
  2. Mallard v. AllredSupreme Court of Georgia · 1899
  3. Dunn v. MillsSupreme Court of Kansas · 1905

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