Legal Opinion
Coles v. Mozley
Supreme Court of Georgia
Decided April 11, 1918No. 552PublishedCited by 1 opinion
Equitable petition. Before Judge Ellis. Eulton superior court. July 7, 1917.
1Opinion of the CourtAtkinson, J.
1. “The consideration of a deed may always be inquired into when the principles of justice require it.” Civil Code, § 4179; Thrower v. Baker, 144 Ga. 372 (87 S. E. 301); Coldwell Co. v. Cowart, 138 Ga. 233 (75 S. E. 425), and cit.
2. It follows that where A conveys land to B by deed reciting a money consideration, in a suit brought by A’s trustee in bankruptcy against B’s executors, alleging that the consideration was as expressed in the deed, and that only part thereof had been paid, and seeking to subject the land specified in the deed to the alleged balance due, it may be explained, as a…
2Cases cited5 opinions
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Southern Bell Telephone & Telegraph Co. v. SmithSupreme Court of Georgia · 1907
- Louisville & Nashville Railroad v. WillbanksSupreme Court of Georgia · 1909
- Thrower v. BakerSupreme Court of Georgia · 1915
- Riverside Milling & Power Co. v. Bank of CartersvilleSupreme Court of Georgia · 1913
3Cited by1 opinion
- Newsom v. Reynolds Chevrolet Co.Court of Appeals of Georgia · 1931