Mayor of Macon v. Dasher
Supreme Court of Georgia
Churches. Authority to convey. Municipal corporations. Evidence. Dedication. Notice. Deed. Mistake. Contract of sale. Practice. Before Judge Miller. Bibb superior court.
Read the full summary
Churches. Authority to convey. Municipal corporations. Evidence. Dedication. Notice. Deed. Mistake. Contract of sale. Practice. Before Judge Miller. Bibb superior court. April term, 1891. The equitable petition of Dasher against the Mayor and Council of the City of Macon and the chief of police of that city, alleged, in brief, that the mayor and council, in pursuance of a resolution passed at a regular meeting, made to Estes, Branham and others, trustees of the South Macon Baptist Church, and their successors, in consideration of $100, a deed in fee simple with warranty to certain property in…
1Opinion of the Court
*197 Judgment reversed.
The mayor and council answered : It is true that on September 5, 1882, the mayor and council made the deed to the land, but the property was a part of the city reserve and a portion of the public streets, and it was conveyed to the church trustees on their petition to the council, stating that it was to be used to erect a church thereon, and it was for this and no other purpose that the deed was made. When the petition of the trustees was made to the council and passed upon by it, it was distinctly made a condition that the property should be granted only upon condition…
2Cited by4 opinions
- Acme Brewing Co. v. Central Railroad & Banking Co.Supreme Court of Georgia · 1902
- Harris v. BandySupreme Court of Georgia · 1936
- Boles v. Hartsfield Co.Court of Appeals of Georgia · 1935
- Mayor of Milledgeville v. CranfordCourt of Appeals of Georgia · 1966