Denham v. Kirkpatrick
Supreme Court of Georgia
Courts. Jurisdiction. Title. Usury. Mortgage. Damages. Practice in the Superior Court. Before Judge Snead. Richmond Superior Court. April Term, 1879. Kirkpatrick brought suit in the county court of Richmond county, against Denham. The declaration alleged, in brief, the following facts : Plaintiff was the owner of a lot in the city of Augusta, which was levied on and brought to sale in June, 1876, under a fi.fa. against him.
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Courts. Jurisdiction. Title. Usury. Mortgage. Damages. Practice in the Superior Court. Before Judge Snead. Richmond Superior Court. April Term, 1879. Kirkpatrick brought suit in the county court of Richmond county, against Denham. The declaration alleged, in brief, the following facts : Plaintiff was the owner of a lot in the city of Augusta, which was levied on and brought to sale in June, 1876, under a fi.fa. against him. Just as the lot was exposed for sale by the sheriff in the presence of a large number of bidders, defendant caused his attorney to announce publicly that he held an…
1Opinion of the Court
Jackson, Justice.
1. When this case for damages, arising upon misrepresentation of title of defendant in fi.fa. to his land, to the extent of spreading too heavy a cloud over it, was transferred to the superior court from the county court as involving title to land, the entire cause was transferred, and the superior court was right to retain jurisdiction of the entire case.
2. Not only our Code of laws (omitted from the Code of 1873 because there was at that date no law against usury, but found in the Code of 1868, §2025) but frequent rulings of this court, makes deeds for land tainted with…
2Cases cited1 opinion
- Sugart v. MaysSupreme Court of Georgia · 1875
3Cited by2 opinions
- Suber v. FountainCourt of Appeals of Georgia · 1979
- Rose v. PageMichigan Supreme Court · 1890