Collins v. Heath
Supreme Court of Georgia
In Equity. In Bibb Superior Court. Bill for Discovery and Relief. Tried before Judge Loohkane. May Term, 1863. In April, 1863, this bill was filed, alleging that in November, 1852, Wilson Binn, the father of the two minors for whose benefit the suit was brought, purchased of Elbert Martin a tract of land in Bibb county, west of Yinéville, (describing its boundaries) containig three quarters of an acre, for one hundred and seventy dollars, giving his promissory notes…
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In Equity. In Bibb Superior Court. Bill for Discovery and Relief. Tried before Judge Loohkane. May Term, 1863. In April, 1863, this bill was filed, alleging that in November, 1852, Wilson Binn, the father of the two minors for whose benefit the suit was brought, purchased of Elbert Martin a tract of land in Bibb county, west of Yinéville, (describing its boundaries) containig three quarters of an acre, for one hundred and seventy dollars, giving his promissory notes therefor, in sums ranging from ten to twenty-five dollars, and falling due at different times between March 10th, 1853, and July…
1Opinion of the CourtLumpkin, C. J.
It is needless to rehearse the testimony on the trial. Suffice it to say, that Heath and Amanda Knight utterly deny all the equity in the bill. Both alleging that the conveyance from Martin to Heath, and Heath to Amanda Knight were hona fide transactions, and made upon a fair consideration. Upon the trial, the Court charged the jury in substance, that if Heath took the title to the lot, without authority from Martin, and in fraud of Binn’s rights, that his title was bad, and that he could convey no title to Mrs. Knight, Upon a motion to set aside the verdict rendered in favor of the…
2Cited by3 opinions
- Patellis v. TannerSupreme Court of Georgia · 1945
- Mathis v. BlanksSupreme Court of Georgia · 1956
- Gray Lumber Co. v. HarrisCourt of Appeals of Georgia · 1910