Thompson v. Hart
Supreme Court of Georgia
Complaint for land. Before Judge Felton. Bibb superior court. December 29, 1908. Thomas F. Thompson and Mrs. M. E. Whitehead brought their petition against Jesse B. Hart for the recovery of certain property situated in Bibb county, Georgia, and described in the petition.
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Complaint for land. Before Judge Felton. Bibb superior court. December 29, 1908. Thomas F. Thompson and Mrs. M. E. Whitehead brought their petition against Jesse B. Hart for the recovery of certain property situated in Bibb county, Georgia, and described in the petition. The petition contained two counts, one alleging that by reason of the breach of a condition the estate created by a certain deed from Methvin S. Thompson to certain church trustees, and the estate created by a deed from plaintiffs, who were the children of said Methvin S. Thompson, to the same trustees, had been defeated. The…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
As provided in the Civil Code, §3136, “An estate may be granted upon a condition, either express or implied, upon performance or breach of which the estate shall either commence, be enlarged, or defeated.” But section 3971 provides that “Equity seeks always to construe conditions subsequent into covenants, and to relieve against forfeitures, where the rules of construction will allow.” In neither of the deeds which are before us for consideration in the present case do we find any language which necessarily implies an intent of the grantor to create a…
2Cases cited3 opinions
- Kilpatrick v. Mayor of BaltimoreCourt of Appeals of Maryland · 1895
- Doe ex dem. Thornton v. RoeSupreme Court of Georgia · 1869
- Jackson v. Dougherty CountySupreme Court of Georgia · 1896
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- Golden v. National Life & Accident InsuranceSupreme Court of Georgia · 1939
- Augusta Land Co. v. Augusta Railway & Electric Co.Supreme Court of Georgia · 1913
- Lawson v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1914
- Sheets v. Vandalia Railway Co.Indiana Court of Appeals · 1920
- A. C. Alexander Lumber Co. v. BagleySupreme Court of Georgia · 1937
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