Augusta Land Co. v. Augusta Railway & Electric Co.
Supreme Court of Georgia
Complaint for land. Before Judge Hammond. Richmond superior court. July 19, 1912. , The Augusta Land Company brought suit against the Augusta Railway & Electric Company and the Augusta-Aiken Railway & Electric Corporation, to recover ten acres of land known as “Lake View Park,” with mesne profits. No equitable relief was prayed. The case came on to be heard before the court upon a general and special demurrer to the petition.
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Complaint for land. Before Judge Hammond. Richmond superior court. July 19, 1912. , The Augusta Land Company brought suit against the Augusta Railway & Electric Company and the Augusta-Aiken Railway & Electric Corporation, to recover ten acres of land known as “Lake View Park,” with mesne profits. No equitable relief was prayed. The case came on to be heard before the court upon a general and special demurrer to the petition. The court below sustained the demurrer generally, and dismissed the suit. To this judgment the plaintiff excepted. The petition alleges,'-substantially: The Augusta…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. The controlling question to be determined is whether the agreement of August 3, 1895, was merged in the deed of June 29, 1900, and became functus officio when the deed was executed, and the rights of the parties are based alone upon the deed. Mr. Devlin, in his work on Beal Estate, says: “The rule applicable to all contracts, that prior stipulations are merged in the final and formal contract executed by the parties, applies, of course, to a deed based upon a contract to convey. When a deed is delivered and accepted as performance of a contract to…
2Cases cited14 opinions
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Slocum v. BracySupreme Court of Minnesota · 1893
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Thompson v. HartSupreme Court of Georgia · 1909
- Nelson v. SpenceSupreme Court of Georgia · 1907
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- McDonald v. DabneySupreme Court of Georgia · 1926
- Worthey v. HolmesSupreme Court of Georgia · 1982
- Holmes v. WortheyCourt of Appeals of Georgia · 1981
- Jordan v. FlyntSupreme Court of Georgia · 1977
- Davidson v. VaughnSupreme Court of Vermont · 1945
24 more not listed; retrieve them via the Exa API.