Mayor of Gainesville v. Brenau College
Supreme Court of Georgia
Injunction. Before Judge Jones. Hall superior court. December 1, 1919. Brenau Association and Brenau College filed an equitable petition to enjoin the sale of certain real estate under an execution for taxes claimed to be due by the City of Gainesville for the year 1918, upon the ground that said property was not subject to taxation by the municipal authorities of Gainesville. The case was tried upon an agreed statement of facts.
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Injunction. Before Judge Jones. Hall superior court. December 1, 1919. Brenau Association and Brenau College filed an equitable petition to enjoin the sale of certain real estate under an execution for taxes claimed to be due by the City of Gainesville for the year 1918, upon the ground that said property was not subject to taxation by the municipal authorities of Gainesville. The case was tried upon an agreed statement of facts. Brenau Association is a corporation, having a capital stock and power to declare and pay dividends. Brenau College is a corporation, but has no capital stock and no…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) Two questions only are raised by this record, and we deal with them in the order made.
1. It is contended that the effect of the deed from Brenau Association to Brenau College, referred to in the statement of facts, is not to vest the title to the property in Brenau College; that is to say, it is contended that the conditions enumerated in the deed are to be construed as conditions precedent and not as conditions subsequent. Particularly it is insisted that the third condition, the assumption of the indebtedness on the property, is in the nature of a…
2Cases cited15 opinions
- Trustees of the Academy v. BohlerSupreme Court of Georgia · 1887
- Moss v. ChappellSupreme Court of Georgia · 1906
- Cassiano v. Ursuline AcademyTexas Supreme Court · 1885
- Linton v. Lucy Cobb InstituteSupreme Court of Georgia · 1903
- Wadley Lumber Co. v. LottSupreme Court of Georgia · 1908
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3Cited by18 opinions
- Texas Turnpike Company v. Dallas CountyTexas Supreme Court · 1954
- City of Columbus v. Muscogee Mfg. Co.Supreme Court of Georgia · 1927
- Mu Beta Chapter Chi Omega House Corp. v. DavisonSupreme Court of Georgia · 1941
- Elder v. Trustees of Atlanta UniversitySupreme Court of Georgia · 1942
- Rabun Gap-Nacoochee School v. ThomasSupreme Court of Georgia · 1971
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