Haynie v. Watson
Supreme Court of Georgia
New Trial. Yendor and Purchaser. Trusts and Trustees. Homestead. Before Judge Pottle. .Hart Superior Court. March Term, 1882. Watson endeavored to purchase a lot of land from Haynie. They agreed upon $1.500 as a price. Watson desired the land for his wife, but her trustee, Blake, had only $1,380, and refused to give more for the land. Haynie then agreed that if Watson would give his note for the difference of $120, he would make the deed to the trustee.
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New Trial. Yendor and Purchaser. Trusts and Trustees. Homestead. Before Judge Pottle. .Hart Superior Court. March Term, 1882. Watson endeavored to purchase a lot of land from Haynie. They agreed upon $1.500 as a price. Watson desired the land for his wife, but her trustee, Blake, had only $1,380, and refused to give more for the land. Haynie then agreed that if Watson would give his note for the difference of $120, he would make the deed to the trustee. This was agreéd upon, the deed made for the expressed consideration of $1,380, and Watson gave his note. Subsequently this was renewed, both…
1Opinion of the Court
Jackson, Chief Justice.
This is the first grant of a new trial. In such a case the action of the judge is never closely scanned, and, unless the verdict be demanded, that action granting the new trial is always affirmed. It is not demanded in this case.
The judgment which sought to subject the land was hardly rendered on a note for purchase money; at least we shall not interfere with the court below, who wishes to review his ruling on the law of the case as applied to the facts reported above. See 65 Ga., 177; 60 Ib., 456; 40 Ib., 423, 428. If the consideration of the note was not purchase…
2Cases cited1 opinion
- Washington v. CartwrightSupreme Court of Georgia · 1880
3Cited by2 opinions
- Townsend v. RechsteinerSupreme Court of Georgia · 1943
- Brenner v. WrightSupreme Court of Georgia · 1939