Horne v. Macon Telegraph Publishing Co.
Supreme Court of Georgia
Complaint. Before Judge Mathews. Bibb superior court. April 29, 1913. The Macon Telegraph Publishing Company brought suit against Edward A. Horne, Alfred R. Willingham, and Jesse H. Hall, and alleged substantially the following: Edward A. Horne and Amelia Horne were owners, as tenants in common, of certain land in the City of Macon, composed of two parcels, which they divided by each one making to the other a quitclaim deed to the grantor’s interest in the other’s half, on…
Read the full summary
Complaint. Before Judge Mathews. Bibb superior court. April 29, 1913. The Macon Telegraph Publishing Company brought suit against Edward A. Horne, Alfred R. Willingham, and Jesse H. Hall, and alleged substantially the following: Edward A. Horne and Amelia Horne were owners, as tenants in common, of certain land in the City of Macon, composed of two parcels, which they divided by each one making to the other a quitclaim deed to the grantor’s interest in the other’s half, on May 27, 1892. (The material facts relating to these deeds are stated in the opinion, infra.) After-wards the Macon…
1Opinion of the CourtHill, J.
The question to be decided is, does the party-wall agreement contained in the deeds of E. A. Horne and Amelia Horne, each to the other, constitute a covenant running with the land? The agreement in the deed dated May 27, 1892, from Amelia Horne to E. A. Horne, is as follows: “It is expressly agreed that the said E. A. Horne, his heirs and assigns, shall have the right at any time to build a party-wall between the property hereby conveyed to him and the property of the said Amelia Horne, the expenses of which shall be borne equally by the owners of the contiguous lots, and which party-wall…
2Cases cited14 opinions
- Atlanta, Knoxville & Northern Railway Co. v. McKinneySupreme Court of Georgia · 1906
- Mott v. . OppenheimerNew York Court of Appeals · 1892
- Conduitt v. RossIndiana Supreme Court · 1885
- Georgia Southern Railroad v. ReevesSupreme Court of Georgia · 1880
- King v. WightMassachusetts Supreme Judicial Court · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hancock v. GummSupreme Court of Georgia · 1921
- Smith v. Pindar Real Estate Co.Supreme Court of Georgia · 1938
- Atlanta & West Point Railroad v. City of AtlantaSupreme Court of Georgia · 1923
- Meadows v. PageSupreme Court of Georgia · 1939
- Simmons v. HallSupreme Court of Georgia · 1935
2 more not listed; retrieve them via the Exa API.