Legal Opinion

Desvergers v. Willis

Supreme Court of Georgia

Decided January 15, 1877PublishedCited by 7 opinions

Equity. Judgments. Before Judge Tompkins. Chat-ham County. At Chambers. December 13th, 1816. Desvergers and Barnwell filed their bill against Willis, administrator, mailing substantially the case presented in the opinion.

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Equity. Judgments. Before Judge Tompkins. Chat-ham County. At Chambers. December 13th, 1816. Desvergers and Barnwell filed their bill against Willis, administrator, mailing substantially the case presented in the opinion. The only allegation showing why the facts upon which the application for injunction was based, were not pleaded to the action at law on the note for the purchase money, was as follows: “ Orators show that they used all' diligence, at and before the last trial of said case, to discover the true state of facts in reference to the said incumbrances, but discovered nothing as to…

1Opinion of the Court

Bleckley, Judge.

H, at the time land is purchased with warranty against incumbrances, there be two roads upon the premises, both known to the purchaser, he believing that one of them is a public road, and the other a mere temporary track which he can discontinue or obstruct at pleasure; and if, several years thereafter, a breach of the warranty be urged as a *390defense to an action brought for the purchase money, and it then appear that the supposed temporary track was the true public road, and, therefore, not subject to be closed or obstructed; and if judgment be, nevertheless, rendered against…

2Cited by7 opinions

  1. Broxton v. NelsonSupreme Court of Georgia · 1898
  2. Central Bank & Trust Corp. v. StateSupreme Court of Georgia · 1912
  3. Atlanta Elevator Co. v. Fulton Bag & Cotton MillsSupreme Court of Georgia · 1899
  4. Chappell v. F. A. D. Andrea Inc.Court of Appeals of Georgia · 1933
  5. Moore v. HillSupreme Court of Georgia · 1877

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