Fernander v. Dunn
Supreme Court of Georgia
In Equity, from Fayette Superior Court. Tried before Judge Bull, March Term, 1856. This was a bill filed by Dunn, as administrator of John Sellars, deceased, against Mary Fernander, formerly Mary Palmer, and administratrix and solo heir of John Palmer, her ■ former husband.
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In Equity, from Fayette Superior Court. Tried before Judge Bull, March Term, 1856. This was a bill filed by Dunn, as administrator of John Sellars, deceased, against Mary Fernander, formerly Mary Palmer, and administratrix and solo heir of John Palmer, her ■ former husband. The bill alleged, that in 1886, John Palmer made and delivered to Sellars, for a valuable consideration, to-wit: §250 00, a deed of warranty to lot of land 224, in then Lee, now Sumter County; that the number of the lot was left blank in said deed, but that said lot was the one meant and intended to be sold; that Sellars…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
We affirm the judgment of the Court below, on all the •grounds taken in the motion for a new trial, except his charge as to the measure of damages in this case. Usually, it is the purchase money, with interest from the sale of the land. Rut the proof here is, that Sellars, the intestate of the complainant, and his assigns, enjoyed the possession of the land for several years before the paramount outstanding title accrued, viz : before the lot was granted by the State; During this time, there was no liability for mesne profits; ■and consequently,…
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