Legal Opinion

Carter v. Griffin

Supreme Court of Georgia

Decided December 11, 1901PublishedCited by 8 opinions

Equitable petition. Before Judge Estes. Hall superior court. May 30, 1901. The petition was by the heirs at law of Asa L. Griffin, deceased, against S. S. Carter.

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Equitable petition. Before Judge Estes. Hall superior court. May 30, 1901. The petition was by the heirs at law of Asa L. Griffin, deceased, against S. S. Carter. It alleged, in brief, that Carter was in possession of a certain tract of land of which Griffin at the time of his death was the owner; that on March 1, 1890, Griffin executed a conveyance of the land to the Georgia Loan and Trust Company, as security for his note of that date 'for $1,200 principal, and for interest, and received from the company a bond conditioned to re-convey to him on payment of the debt; that Carter, while the…

1Opinion of the CourtLittle, J.

The contention of the plaintiffs in the court below was, that Carter held title as security to the land in question, for the amount paid by him to the loan company, and for his own original debt, and that the rents and profits of the land had been sufficient to pay these amounts; while Carter contended that, by a parol agreement between himself and Griffin, the absolute title was vested in him in consideration of a settlement of the amounts due to him by Griffin, and his payment to the latter of the sum of two hundred and thirty-five dollars; and that this agreement was independent of the…

2Cases cited3 opinions

  1. Douglass v. BunnSupreme Court of Georgia · 1900
  2. McCaskill v. Lathrop & Co.Supreme Court of Georgia · 1879
  3. Bullard v. JonesSupreme Court of Georgia · 1882

3Cited by8 opinions

  1. Napier v. StrongCourt of Appeals of Georgia · 1917
  2. Parham & Co. v. Potts-Thompson Liquor Co.Supreme Court of Georgia · 1907
  3. Hester v. GairdnerSupreme Court of Georgia · 1907
  4. Curtis v. PierceSupreme Court of Georgia · 1924
  5. Long v. CashCourt of Appeals of Georgia · 1936

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