House v. Palmer
Supreme Court of Georgia
In Equity, in Lumpkin Superior Court. Decision by Judge John H. Lumpkin, March Term, 1851. Aaron Palmer, the defendant in error, filed his bill in Lumpkin Superior Court, setting forth the following facts: That in 1833, Lewis House being the drawer and grantee of a lot of land in Lumpkin County, .conveyed the same to one John McClure, by a deed, in which was a reservation to himself of the gold on the premises, and the right of digging therefor,, on condition that he (House)…
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In Equity, in Lumpkin Superior Court. Decision by Judge John H. Lumpkin, March Term, 1851. Aaron Palmer, the defendant in error, filed his bill in Lumpkin Superior Court, setting forth the following facts: That in 1833, Lewis House being the drawer and grantee of a lot of land in Lumpkin County, .conveyed the same to one John McClure, by a deed, in which was a reservation to himself of the gold on the premises, and the right of digging therefor,, on condition that he (House) should test the 'lot for gold within eighteen months, and have the right of digging, if it should prove profitable ;…
1Opinion of the Court
By the Court.
Lumpkin,, J.
delivering the opinion.
This was a bill filed by Aaron Palmer to restrain Lewis House and Matthew C. Halen, his lessee, from digging gold on lot No. 501, in the 13th district and 1st section of what was originally Cherokee, now Lumpkin County. Lewis House was the drawer of the land, and he conveyed the same to one John-McClure, in 1833, reserving to himself the right of digging gold on the *499premises, on condition that he should test the lot within eighteen months, and find it profitable ; failing to do this, his right was to cease and to be of no effect.
In 1837, McClure…
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