Caldwell v. Montgomery
Supreme Court of Georgia
In Equity, in Sumter Superior Court. Decision on demurrer, by Judge Warren, November Term, 1849. The bill', in this cause, filed by John Caldwell, 18th April, 1849* charged, that, on 7th May, 1837, one Thomas S. Tondee, then of Walker County, sold to Caldwell a tract of land lying in Walker County, for $400, and gave a bond for titles — binding himself, his heirs, executors, &c. to make good warranty titles to the land by 1st December, 1837; that about the 5th December,…
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In Equity, in Sumter Superior Court. Decision on demurrer, by Judge Warren, November Term, 1849. The bill', in this cause, filed by John Caldwell, 18th April, 1849* charged, that, on 7th May, 1837, one Thomas S. Tondee, then of Walker County, sold to Caldwell a tract of land lying in Walker County, for $400, and gave a bond for titles — binding himself, his heirs, executors, &c. to make good warranty titles to the land by 1st December, 1837; that about the 5th December, 1S37, Tondee, fraudulently professing to act as attorney for one John L. Grayson, an infant, made a deed to the land, having…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion,
Two questions were made upon this bill, before Judge Warren, in the Court below, by demurrer—
1. Whether the complainant was not barred by the Statute of Limitations; and
2. Whether there is equity in the case made.
The Court below held that there is no equity in the bill, and that the complainant is barred by lapse of time.
[1.] Upon the argument before us, some question was made, as to the right of a defendant in Equity, to avail himself of the Statute of Limitations, upon demurrer. It is proper, therefore, briefly to notice that question. Courts of…
2Cases cited1 opinion
- Humbert v. The RectorNew York Court of Chancery · 1838
3Cited by8 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1941
- Dunn v. DunnSupreme Court of Georgia · 1965
- Morrison v. Fidelity & Deposit Co. of MarylandSupreme Court of Georgia · 1920
- Chamblee v. Atlanta Brewing & Ice Co.Supreme Court of Georgia · 1908
- Louther v. TiftCourt of Appeals of Georgia · 1917
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