Markham v. O'Connor
Supreme Court of Georgia
Estoppel. Mortgage. Registry. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. On the l§th day of July, 1866, William Markham, by deed of warranty, conveyed lo Holmes Sells, city lot number sixty-two in the city of Atlanta, comprising one-half acre of ground, fronting on Marietta street, and extending back to Walton street.
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Estoppel. Mortgage. Registry. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. On the l§th day of July, 1866, William Markham, by deed of warranty, conveyed lo Holmes Sells, city lot number sixty-two in the city of Atlanta, comprising one-half acre of ground, fronting on Marietta street, and extending back to Walton street. For the purchase money of this lot, Sells executed to Marcellus O. Markham, the son of the aforesaid William Markham, to whom the latter had given the debt, bis two promissory notes, each for the sum of $5,000; one due thirty days thereafter, and the other…
1Opinion of the Court
McCay, Judge.
1. So far as this case turns on the evidence, we do not, under the rule we have so often announced, undertake to pass upon it. The statements of the witnesses are conflicting, and it is the province of the jury to determine between them. That the weight of the proof may be against the verdict, does not, if the judge below has refused, justify this court in disturbing it. There is a good deal of evidence supporting the verdict, and if the charge was right, and the refusal to *196charge as requested, proper, the verdict ought to stand. The charge, as given, was in substance as follows…
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