Peacock & Hunt Naval Stores Co. v. Brooks Lumber Co.
Supreme Court of Georgia
Injunction. Before Judge Sweat. Charlton county. June 24, 1895. On November 6, 1891, C. C. Grace executed a written lease to Cole & Covington, of over ten thousand acres of pine timber lands in Charlton county, for turpentine purposes, for ten years, with the right to use the boxes cut for turpentine on said lauds for three years after such boxes were cut.
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Injunction. Before Judge Sweat. Charlton county. June 24, 1895. On November 6, 1891, C. C. Grace executed a written lease to Cole & Covington, of over ten thousand acres of pine timber lands in Charlton county, for turpentine purposes, for ten years, with the right to use the boxes cut for turpentine on said lauds for three years after such boxes were cut. The lease contained this clause: “Should the parties of the second part fail to pay said notes at maturity, the timber above mentioned and for which they are given, then reverts back to and becomes the property of said C. C. Grace, his…
1Opinion of the Court
Lumpkin, Justice.
An estate granted upon a condition may, by a breach thereof, be defeated. If it be a condition precedent, it must be performed before the estate vests. If a condition subsequent, a failure to perform may work a forfeiture of an estate already vested. Code, §§2294, 2295.. The question in the present case is whether or not, upon the breach of a condition subsequent, a forfeiture re-vesting the title will at once result by mere operation of law. This question has been answered in the negative by the decisions of this court in Norris v. Milner et al., 20 Ga. 563, and in Edmondson…
2Cases cited2 opinions
- Norris v. MillerSupreme Court of Georgia · 1856
- Edmondson v. LeachSupreme Court of Georgia · 1876
3Cited by6 opinions
- Moss v. ChappellSupreme Court of Georgia · 1906
- Evans v. BrownSupreme Court of Georgia · 1943
- Farkas v. FarkasSupreme Court of Georgia · 1946
- Rucker v. WynnCourt of Appeals of Georgia · 1994
- Jones v. Southern Ry. Co.Court of Appeals for the Fifth Circuit · 1922
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