Atlanta & West Point Railroad v. Hodnett
Supreme Court of Georgia
Equity. Charge of the Court, etc. Tried before Judge Warner. Troup Superior Court. May Term, 1867. Lovick P. Hodnett filed a bill in Equity against said Company, in Troup county, the substance of which is as follows: He owned certain lands in said county, (hereinafter described,) which he had for many years used as a farm and residence; said company, a body corporate organized to run and keep a railroad from Atlanta to West Point, through its many agents, appointed for that…
Read the full summary
Equity. Charge of the Court, etc. Tried before Judge Warner. Troup Superior Court. May Term, 1867. Lovick P. Hodnett filed a bill in Equity against said Company, in Troup county, the substance of which is as follows: He owned certain lands in said county, (hereinafter described,) which he had for many years used as a farm and residence; said company, a body corporate organized to run and keep a railroad from Atlanta to West Point, through its many agents, appointed for that purpose, begged and importuned him to grant them the right of way for said road on and along said plantation, and…
1Opinion of the CourtWalked, J.
While it is a general rule that a deed will not admit of parol stipulations being introduced into it, except in case of fraud, accident or mistake, (Logan vs. Bond, 13 Ga. R., 192,) yet the recital of the payment of the consideration may always be enquired into. Harwell vs. Fitts, 20 Ga. R., 723; Martin vs. Gordon, 24 Ga. R., 533. Fraud vitiates all contracts. Coffee vs. Newsom, 2 Kelly’s Rep., 442. Upon the trial of this case, the Court, at the instance of plaintiff in error, forced the plaintiff below to proceed for a recision of the contract, on the ground of fraud. The parol evidence…
2Cited by5 opinions
- Clinton v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1964
- Armstrong v. BallewSupreme Court of Georgia · 1903
- Atlanta & West Point Railroad v. CampSupreme Court of Georgia · 1908
- Bucher v. ChristopherSupreme Court of Georgia · 1955
- Baker County Power Co. v. AdkinsSupreme Court of Georgia · 1929