Smith v. Page
Supreme Court of Georgia
Yerdict. Witness. Evidence. Charge of Court. Admissions. Before Judge Carswell. Johnson Superior Court. September Term, 1883. I. L. Smith brought complaint for land against A. A. Page, administrator of W. C. Chester, and Mrs. W. 0. Chester. He relied on a deed from W. 0. Chester, the decedent.
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Yerdict. Witness. Evidence. Charge of Court. Admissions. Before Judge Carswell. Johnson Superior Court. September Term, 1883. I. L. Smith brought complaint for land against A. A. Page, administrator of W. C. Chester, and Mrs. W. 0. Chester. He relied on a deed from W. 0. Chester, the decedent. Defendants pleaded that this deed was given merely as a security for a debt, and a bond to reconvey on payment made ; that the debt had been paid in the lifetime of the decedent; that if anything remained due at his death, it was only $50.00, which had since been paid by Mrs. Chester. The equitable plea…
1Opinion of the Court
Hall, Justice.
This was an action in the statutory form to recover the premises in dispute, to which the defendant pleaded the general issue, and further that the deed was executed and delivered by his intestate to secure a debt due from him to the plaintiff; that, upon the payment of the same, the plaintiff obligated himself to reconvey to said intestate; that the said intestate, in his lifetime, had performed his part of the contract by making full payment, but if there was any mistake in this, and any balance remained due, defendant was ready and willing and offered to pay the same, when…
2Cases cited6 opinions
- Richardson v. StateSupreme Court of Georgia · 1883
- Solomon v. SolomonSupreme Court of Georgia · 1847
- Williams v. ChapmanSupreme Court of Georgia · 1849
- Pryor v. CogginSupreme Court of Georgia · 1855
- Bohler v. OwensSupreme Court of Georgia · 1878
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3Cited by33 opinions
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- White v. KnappCourt of Appeals of Georgia · 1923
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