Street v. Lynch
Supreme Court of Georgia
Bill for specific performance. Tried before C. D. Mc-Cutchen, an attorney, selected by the parties. Dade Superior Court.
Read the full summary
Bill for specific performance. Tried before C. D. Mc-Cutchen, an attorney, selected by the parties. Dade Superior Court. November Term, 1868. Lynch, by bill, averred that on the 17th of June, 1863, in Eutherford county, Tennessee, he bought of Buford Burnett, of Dade county, Georgia, certain lands in Dade county, at $5,000 00, and then and there paid him for the same, i. e., $3,500 00 in Confederate currency and $1,500 00 in stock; that Burnett exhibited to him a bond for titles to said land, and said that he had some of the purchase money to pay, and would pay it and get a deed and make…
1Opinion of the CourtBrown, C. J.
1. The evidence in this case shows that Burnett had purchased the land in dispute from John G. Hanna and taken bond for titles and had paid him part of the purchase-money. The answers of A. B. Hanna and Mrs. Hanna (the father and widow of John G. Hanna) say that Burnett, when they made the deed to" Street, paid the balance of the purchase-money, which shows that part of it had already been paid. *637We think Burnett, by the purchase, taking bond for titles and the payment of part of the purchase-money, acquired an equity in the land, which he had a right to sell, and which was the proper subject…
2Cases cited6 opinions
- Brown v. StateSupreme Court of Georgia · 1859
- Ellis v. Doe ex dem. SmithSupreme Court of Georgia · 1851
- Averett v. BradySupreme Court of Georgia · 1856
- Alston v. GranthamSupreme Court of Georgia · 1858
- Shewmake v. Executors of JonesSupreme Court of Georgia · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cowart v. SingletarySupreme Court of Georgia · 1913
- Dollar v. DollarSupreme Court of Georgia · 1958
- Morgan v. MarshallSupreme Court of Georgia · 1879
- Dollar v. DollarSupreme Court of Georgia · 1958