Emlen v. Roper
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Fulton superior-court. September 21, 1908. ! Tyre L. Poper and seven others sold a tract of land to Mary' Elizabeth Emlen for $1,000, and executed to her their bond for title, wherein the land was described as follows: “A certain tract or parcel of land, situated, lying, and being in the seventeenth (17th) district of originally Henry, now Fulton county, Georgia, and being a part of original land lot No. 258, and being particularly…
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Equitable petition. Before Judge Pendleton. Fulton superior-court. September 21, 1908. ! Tyre L. Poper and seven others sold a tract of land to Mary' Elizabeth Emlen for $1,000, and executed to her their bond for title, wherein the land was described as follows: “A certain tract or parcel of land, situated, lying, and being in the seventeenth (17th) district of originally Henry, now Fulton county, Georgia, and being a part of original land lot No. 258, and being particularly described thus, that is to say, being 40 acres, more or less, of the land deeded to John A. Paris on the 8th day of…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The description of the land as contained in the bond for title indicates a sale in gross, and not a sale per acre. The vendors obligated themselves to sell what remained of a specifically described tract of land, after deducting therefrom 20 acres previously sold off, and the quantity remaining was estimated at 40 acres, more or less. The tract sold is accurately defined by metes and bounds, and the use of the words “more or less,” in connection with the number of acres which the tract contained, make clear the vendors’ intention, as expressed in the…
2Cases cited8 opinions
- Kendall v. WellsSupreme Court of Georgia · 1906
- Estes v. OdomSupreme Court of Georgia · 1893
- Thompson v. BoyceSupreme Court of Georgia · 1890
- Lewis v. Western Union Telegraph Co.Supreme Court of South Carolina · 1900
- Finney v. MorrisSupreme Court of Georgia · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Barfield v. FarkasCourt of Appeals of Georgia · 1929
- Lawton v. ByckSupreme Court of Georgia · 1962
- Kirkland v. BrewtonCourt of Appeals of Georgia · 1924
- F. N. Roberts Pest Control Co. v. McDonaldCourt of Appeals of Georgia · 1974
- Gaultney v. WindhamCourt of Appeals of Georgia · 1959
24 more not listed; retrieve them via the Exa API.