Adair v. McDonald
Supreme Court of Georgia
Reforming Contracts. New Trial. Before Judge Parrott. Murray Superior Court. May Term, 1870. This cause was here in 1868. See Adair, administrator, vs. Adair, administrator, 38 Georgia Reports, 46, where the cause is fully reported. A new trial was granted.
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Reforming Contracts. New Trial. Before Judge Parrott. Murray Superior Court. May Term, 1870. This cause was here in 1868. See Adair, administrator, vs. Adair, administrator, 38 Georgia Reports, 46, where the cause is fully reported. A new trial was granted. Another verdict was had in favor of reforming the deed, etc., and the cause came here again in 1869. See same case, 39 Georgia Reports, 75. A new trial was again awarded, and a third verdict, in favor of reforming the deed, etc., was obtained. A motion for new trial was made upon the grounds that the verdict was unsupported by evidence,…
1Opinion of the CourtMcCay, J.
1. We recognize fully the well settled rule that equity will not interfere against a grantor, in favor of a volunteer, to correct a mistake or reform a defective conveyance. The rule also extends to a bill by a volunteer, under a prior voluntary deed against a grantee, under a subsequent voluntary deed by the grantor: Code, section 3060; Story’s Equity, sections 175, 180. Rut this rule is based upon the reasonsonable proposition that the volunteer has no claim on the grantor. If there is a mistake or a defect, it is a mere failure in a bounty, which, as the grantor was not bound to make, he…
2Cited by15 opinions
- Dolvin v. American Harrow Co.Supreme Court of Georgia · 1906
- Laundreville v. MeroMontana Supreme Court · 1929
- Turner v. NewellSupreme Court of Georgia · 1907
- Griffin v. StewartSupreme Court of Georgia · 1897
- Lytle v. HulenOregon Supreme Court · 1928
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