Read v. Gould
Supreme Court of Georgia
Complaint. Before Judge Felton. Bibb superior court. December 18, 1911. Mrs. Mary J. Bead brought suit against E. W. Gould, alleging substantially as follows: On June 6, 1904, plaintiff sold to defendant the land included in four land lots.
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Complaint. Before Judge Felton. Bibb superior court. December 18, 1911. Mrs. Mary J. Bead brought suit against E. W. Gould, alleging substantially as follows: On June 6, 1904, plaintiff sold to defendant the land included in four land lots. As part-of the consideration of the sale, Gould executed to her on the same day an instrument containing the following: “This agreement, made this day between E. W. Gould and Mary J. Bead, witnesseth: That ,in consideration of the sale of certain land, to wit: lots 189, 190, 195 and 196, in the 28th land district of Twiggs County, it is agreed that said…
1Opinion of the CourtBeck, J.
1. This case was formerly before the Supreme Court. 134 Ga. 524. The trial court sustained a general demurrer to the petition, and this judgment was reversed. In the opinion it was said that the allegations were somewhat meager, and did not disclose distinctly whether the written agreement touching the right of pasturage, etc., was executed prior to the deed, and merged in it, or whether it- was executed subsequently to the deed conveying the lands in fee simple, or simultaneously therewith; but that apparently the two apers were executed simultaneously, and were to *504be construed as parts of…
2Cases cited9 opinions
- Wellmaker v. WheatleySupreme Court of Georgia · 1905
- Baker v. DavisSupreme Court of Georgia · 1907
- Carr v. HaysIndiana Supreme Court · 1887
- McAuliffe v. VaughanSupreme Court of Georgia · 1911
- Goette v. SuttonSupreme Court of Georgia · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Second Refuge Church of Our Lord Jesus Christ, Inc. v. LollarSupreme Court of Georgia · 2007
- Wardlaw v. WoodruffSupreme Court of Georgia · 1932
- Mason v. BlaytonCourt of Appeals of Georgia · 1969
- National Manufacture & Stores Corp. v. DekleCourt of Appeals of Georgia · 1934
- Horne & Ponder v. O. B. & E. J. EvansCourt of Appeals of Georgia · 1923
8 more not listed; retrieve them via the Exa API.