Denham v. Walker
Supreme Court of Georgia
Equitable petition. Before Judge Roney. Richmond superior court. April term, 1893. The facts of the case are stated in the opinion.
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Equitable petition. Before Judge Roney. Richmond superior court. April term, 1893. The facts of the case are stated in the opinion. The grounds of the motion for new trial, in addition to those alleging that the verdict is contrary to law and evidence, are as follows : That the court erred in allowing the defendant and his wife to testify that, some ten days after the execution and delivery of the deed, he and the plaintiff' entered into a new contract, not in writing, by which it was agreed that the plaintiff- would take the rents of the land in place of the annuity. To this testimony the…
1Opinion of the Court
Simmons, Justice.
On the 16th of February, 1887, Denham conveyed to Walker an estate in fee simple upon a condition subsequent, which condition was expressed in the deed as follows: “ Provided nevertheless, and this conveyance is made on the express condition, that the said party of the second part shall pay to the party of the first part, for and during the time of the natural life of the said party of the first part, an annuity of three hundred and fifty dollars, the first of which is to be paid and become due on the 16th of February, 1888.”
On the 29th of March, 1890, Denham filed a petition…
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