Montgomery v. Robertson
Supreme Court of Georgia
Action for breach of warranty. Before Judge Wright. Floyd .«uperior court. J. M. Robertson filed his petition to the superior court of Floyd county, which alleged, among other things, substantially as follows: Mrs. Jeannette B. McGovern is a resident of the State of California, and is without the jurisdiction of the court, Mrs. Rosa M. Barnwell is a resident of Fulton county, Georgia, and Mrs.. Joseph M. Graham and A. Blair Montgomery are residents of Floyd county, Georgia.
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Action for breach of warranty. Before Judge Wright. Floyd .«uperior court. J. M. Robertson filed his petition to the superior court of Floyd county, which alleged, among other things, substantially as follows: Mrs. Jeannette B. McGovern is a resident of the State of California, and is without the jurisdiction of the court, Mrs. Rosa M. Barnwell is a resident of Fulton county, Georgia, and Mrs.. Joseph M. Graham and A. Blair Montgomery are residents of Floyd county, Georgia. On the 1st day of April, 1905, the four persons just named executed and delivered to petitioner a deed to the following…
1Opinion of the CourtAtkinson, J.
1. Where land was sold and conveyed by the tract, the number of acres being mentioned in the deed only as part of the description and not by way of covenant, and it being recited that the land contained so many acres, “more or less,” in the absence of actual fraud no recovery can be had by the purchaser against the vendor on account of a deficiency in the quantity of land contained in the tract described. Kendall v. Wells, 126 Ga. 343 (55 S. E. 41) ; Emlen v. Roper, 133 Ga. 726 (66 S. E. 934).(a) If the action in the present ease be treated as one for a deficiency in the quantity of land…
2Cases cited2 opinions
- Kendall v. WellsSupreme Court of Georgia · 1906
- Emlen v. RoperSupreme Court of Georgia · 1910
3Cited by8 opinions
- Kirkland v. BrewtonCourt of Appeals of Georgia · 1924
- Morehead v. AyersSupreme Court of Georgia · 1911
- King Lumber Co. v. CowartSupreme Court of Georgia · 1911
- Land Trust Co. v. MorganCourt of Appeals of Georgia · 1918
- Currie v. CollinsSupreme Court of Georgia · 1911
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