Hardin v. Neal Loan & Banking Co.
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Pulton superior court. October 3, 1905. The petition and amendments allege, in substance, that J. PTilley for $750 sold to Robert Dohme certain land, receiving of the purchase-money $150 in cash and notes for $25 each to cover the balance; that at the time of the sale Dohme received from Tilley "a bond for title, . . with the usual conditions and requirements therein, obligating the said Tilley to execute and deliver to petitioner…
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Equitable petition. Before Judge Pendleton. Pulton superior court. October 3, 1905. The petition and amendments allege, in substance, that J. PTilley for $750 sold to Robert Dohme certain land, receiving of the purchase-money $150 in cash and notes for $25 each to cover the balance; that at the time of the sale Dohme received from Tilley "a bond for title, . . with the usual conditions and requirements therein, obligating the said Tilley to execute and deliver to petitioner a proper warranty deed upon the payment of the balance of said purchase-money;” that afterwards, to wit on the same day,…
1Opinion of the CourtAtkinson, J.
1, 2. When the maker of a bond for title complies with the conditions thereof, he is entitled to a surrender thereof, or a showing that the same can not afterwards be used against him. This rests upon the reason which entitles the maker of a promissory note to the surrender thereof upon payment by the payee. That such is the law is not an open question. Moultrie Repair Co. v. Hill, 120 Ga. 732; Jackson v. Brown, 102 Ga. 87; Belmont Farm v. Dobbs Hardware Co., 124 Ga. 827; Hodges v. Smith, 118 Ga. 789. The maker of the bond being entitled to its surrender upon executing the deed, it follows…
2Cases cited7 opinions
- Moultrie Repair Co. v. HillSupreme Court of Georgia · 1904
- Johnston v. ConeySupreme Court of Georgia · 1904
- Belmont Farm v. Dobbs Hardware Co.Supreme Court of Georgia · 1906
- Jackson v. BrownSupreme Court of Georgia · 1897
- Davis v. DavisSupreme Court of Georgia · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bott v. WrightCourt of Appeals of Texas · 1910
- Peterson v. HarperCourt of Appeals of Georgia · 1913