Bell v. McDuffie
Supreme Court of Georgia
Deeds. Title. Contracts. Judgments. Liens. .Yendor and Purchaser. Before Judge Hammond. Fulton Superior Court. April Term, 1883. v A fi. fa. in favor of McDuffie against T. M. Elyea was levied on a lot which was claimed by Bell.
Read the full summary
Deeds. Title. Contracts. Judgments. Liens. .Yendor and Purchaser. Before Judge Hammond. Fulton Superior Court. April Term, 1883. v A fi. fa. in favor of McDuffie against T. M. Elyea was levied on a lot which was claimed by Bell. The claimant relied upon the instrument made by Elyea to Cooper, which is set out in the decision, and which was dated October 2,1874, while the judgment of plaintiff was rendered October 9. Payments were made under this instrument at various times thereafter, and a deed was made December 23,1874. The jury found the property subject. Claimant moved for a new trial, on…
1Opinion of the Court
Hall, Justice.
This record makes two questions to be determined by this court. It is insisted that the judge erred in charging the jury that an instrument in these terms—“ Eeceived of Captain Gr. A. Cooper sixty-three dollars in part payment of lot fronting on Simpson street, and running back, etc. The balance is one hundred and twelve dollars, to be paid, commencing January 23, ’75, in, monthly installments, as may be agreed in drinks approximating ten dollars,” and signed Theo. M. Elyea in presence of witnesses, one of whom was a justice of the peace, dated October 27, 1874; immediately…
2Cases cited3 opinions
- Ball v. WallaceSupreme Court of Georgia · 1861
- Carter v. PinckardSupreme Court of Georgia · 1882
- Hardee v. McMichaelSupreme Court of Georgia · 1882
3Cited by3 opinions
- Freudenberger Oil Co. v. SimmonsWest Virginia Supreme Court · 1914
- Georgia State Building & Loan Ass'n v. FaisonSupreme Court of Georgia · 1902
- Gordon v. Wells Fargo Bank, N.A. (In Re Codrington)United States Bankruptcy Court, N.D. Georgia · 2009