Legal Opinion

Johnson v. Hobbs

Supreme Court of Georgia

Decided December 11, 1919No. 1311PublishedCited by 8 opinions

Equitable petition. - Before Judge Walker. Warren superior court. January 8, 1919.

1Opinion of the CourtAtkinson, J.

1. While an estate may be granted upon a condition either express or implied, upon performance or breach of which the estate shall either commence, be enlarged, or defeated (Civil Code, § 3716), the law inclines to construe conditions to be subsequent rather than precedent, and to be remediable by damages rather than by forfeiture. Civil Code, § 3717. And “Equity seeks always to construe conditions subsequent into covenants, and to relieve against forfeitures, where the rules of construction will allow.” Civil Code," § 4568. This court has accordingly held (Thompson v. Hart, 133 Ga. 540, 66…

2Cases cited3 opinions

  1. Wadley Lumber Co. v. LottSupreme Court of Georgia · 1908
  2. Thompson v. HartSupreme Court of Georgia · 1909
  3. Self v. BillingsSupreme Court of Georgia · 1913

3Cited by8 opinions

  1. Fulford v. FulfordSupreme Court of Georgia · 1969
  2. Department of Transportation v. KnightSupreme Court of Georgia · 1977
  3. Gearhart v. West Lumber CompanySupreme Court of Georgia · 1955
  4. House v. HouseSupreme Court of Georgia · 1941
  5. Rustin v. ButlerSupreme Court of Georgia · 1943

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