Markham v. Huff
Supreme Court of Georgia
Landlord and Tenant. Jurisdiction. Equity. Before Judge Simmons. Bibb Superior Court. October Term, 1883. • W. A. Huff filed his bill in Bibb county against William Markham, of Fulton county, alleging, in brief, as follows: On October 16,1879, Huff, in connection with P. F. Brown, as his partner, leased from Markham a hotel in Atlanta, known as the Markham House, for $10,000.00 per annum, payable semi-monthly, if Markham so desired.
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Landlord and Tenant. Jurisdiction. Equity. Before Judge Simmons. Bibb Superior Court. October Term, 1883. • W. A. Huff filed his bill in Bibb county against William Markham, of Fulton county, alleging, in brief, as follows: On October 16,1879, Huff, in connection with P. F. Brown, as his partner, leased from Markham a hotel in Atlanta, known as the Markham House, for $10,000.00 per annum, payable semi-monthly, if Markham so desired. The contract of lease was as follows : .....11 Said William Markham rents and leases to said Huff & Brown the property known as the Markham House, in the city of…
1Opinion of the Court
Blandeord, Justice.
1, 2, 3. Where the remedy at law is not as full, cómprete and adequate as it is in equity, this will not deprive equity of jurisdiction, although there may exist a common law remedy. Code, §3095. See 35 Ga., 261 ; Id., 216; 16 Id., 66 ; 36 Id., 545 ; 8 Id., 459. These cases fully sustain and illustrate the principle stated.
Looking at the facts of this case, plaintiff in error has foreclosed a mortgage in Bibb superior court upon the property of defendant, wherein he claims divers sums of money of defendant for breaches of the covenants contained in the lease of the Markham…
2Cases cited1 opinion
- Carroll v. MartinSupreme Court of Georgia · 1866
3Cited by11 opinions
- Curtis v. Albritton as Cir. JudgeSupreme Court of Florida · 1931
- Townsend v. BrinsonSupreme Court of Georgia · 1903
- Dawson v. Equitable Mortgage Co.Supreme Court of Georgia · 1899
- Home Mixture Guano Co. v. WoolfolkSupreme Court of Georgia · 1918
- Johnson v. GriffinSupreme Court of Georgia · 1888
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