Ferguson v. McCowan
Supreme Court of Georgia
Complaint. Before Judge Hodges. City court of Macon. June 14, 1905. Horace A. Ferguson sued R. F. McCowan and Furman D. Lawton for the value of certain furniture, books, and surgical instruments, alleged to be the property of plaintiff and to have been unlawfully seized and sold by the defendants.
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Complaint. Before Judge Hodges. City court of Macon. June 14, 1905. Horace A. Ferguson sued R. F. McCowan and Furman D. Lawton for the value of certain furniture, books, and surgical instruments, alleged to be the property of plaintiff and to have been unlawfully seized and sold by the defendants. "After showing the sale as alleged and the value of the property sued for, the plaintiff offered in evidence the following deed to show title in plaintiff:” a warranty deed from E. G-. Fergnson to the plaintiff, purporting to convey, besides other personalty, “office furniture and bedroom furniture…
1Opinion of the CourtFish, C. J.
(After stating the facts.) 1. “A deed must itself contain descriptive words with respect to its subject-matter, such as will enable a third person, to apply the same to the locus in quo without resorting to any secret and undisclosed intention on the part of the parties thereto.” Huntress v. Portwood, 116 Ga. 351, 355. There were no such words describing the property sought to be conveyed, in the instrument offered in evidence in the present case, as would enable a third person, without resorting to the secret or undisclosed intention of the parties thereto, to apply the description to any…
2Cases cited2 opinions
- Huntress v. PortwoodSupreme Court of Georgia · 1902
- Stewart v. JaquesSupreme Court of Georgia · 1887
3Cited by9 opinions
- Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
- Reynolds v. Tifton Guano Co.Court of Appeals of Georgia · 1917
- Anderson v. StateSupreme Court of Georgia · 1940
- Miller v. HinesSupreme Court of Georgia · 1916
- Jones & Damren Auto Co. v. LottCourt of Appeals of Georgia · 1916
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