Trout v. Goodman
Supreme Court of Georgia
In Equity, in Jackson Superior Court. Decided by Judge Dougherty, February Term, 1849. William H. Trout sold a tract of land to John T. Goodman, and gave a bond for titles, describing the land as “ the tract on which he (Trout) lived, embracing the Pendergrass tract.”
Read the full summary
In Equity, in Jackson Superior Court. Decided by Judge Dougherty, February Term, 1849. William H. Trout sold a tract of land to John T. Goodman, and gave a bond for titles, describing the land as “ the tract on which he (Trout) lived, embracing the Pendergrass tract.” Good-, man died, and his executrix filed a bill, alleging that the purchase money had been paid, and Goodman had been in possession since the sale; that there was a mistake in the bond, in describing the land, the contract including all the land north of Buffalo Creek; whereas the line of the Pendergrass tract leaves out about…
1Opinion of the Court
By"the Court. —
Lumpkin, J.
delivering the opinion.
Is parol testimony admissible in Equity, to correct a mistake in the boundary of land, as described in the written contract? And if so, are the declarations of the vendee, made subsequent to the agreement, competent to prove what was the true intent of the parties? These are the points presented in the bill of exceptions.
Amidst the conflict of authority which abounds upon this subject, it would be mere pedantry, in me, to do more than announce the position of this Court, in relation to the questions made by the record. And it will be found…
2Cited by6 opinions
- Minor v. FincherSupreme Court of Georgia · 1950
- Whittle v. NottinghamSupreme Court of Georgia · 1927
- Reese v. WymanSupreme Court of Georgia · 1851
- Lowe v. AllenSupreme Court of Georgia · 1881
- Kerchner & Calder Bros. v. Frazier & Bro.Supreme Court of Georgia · 1899
1 more not listed; retrieve them via the Exa API.