Martin v. Atkinson
Supreme Court of Georgia
In Equity, in Pike Superior Court. Tried before Judge Floyd, February Term, 1849. George W. Martin, by bill filed in Pike Superior Court, alleged, that in January, 1841, he purchased of Tollesson T. Atkinson a tract of land lying in Pike county, for which he took a bond for titles, and in payment, made a deed to a tract of land in Dooly county, and gave his notes for $500, due December, 1842. Soon after the trade, Martin being about to place improvements on the land, it was…
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In Equity, in Pike Superior Court. Tried before Judge Floyd, February Term, 1849. George W. Martin, by bill filed in Pike Superior Court, alleged, that in January, 1841, he purchased of Tollesson T. Atkinson a tract of land lying in Pike county, for which he took a bond for titles, and in payment, made a deed to a tract of land in Dooly county, and gave his notes for $500, due December, 1842. Soon after the trade, Martin being about to place improvements on the land, it was levied on by Ji. fas. against Atkinson ; Martin then demanded a rescission of the contract-, but upon the promise of…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
Martin filed his bill against Atkinson, alleging that he purchased of defendant a tract of land in Pike County, for which he gave him a lot in Dooly, No. 247, 2d District, and his notes for $500 ; that he took a bond for titles, and' went into possession; that shortly thereafter an execution against Atkinson was levied on the land, whereupon he applied to have the contract rescinded ; but upon being assured by the vendor, that the incumbrance *236should he removed, and that if he lost the land he should he fully remunerated for all the improvements…
2Cases cited1 opinion
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- Green v. StateCourt of Appeals of Georgia · 1971
- Miller v. McGlaunSupreme Court of Georgia · 1879
- Ernst v. SchmidtWashington Supreme Court · 1912
- Oliver v. O'KelleyCourt of Appeals of Georgia · 1934
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