Lytle v. Scottish American Mortgage Co.
Supreme Court of Georgia
Equitable petition. Before Judge Henry. Eloyd superior court. July 25, 1904. Ou February 1, 1899, the parties signed an instrument partly printed and partly written. It was designated as a “land contract.”
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Equitable petition. Before Judge Henry. Eloyd superior court. July 25, 1904. Ou February 1, 1899, the parties signed an instrument partly printed and partly written. It was designated as a “land contract.” By it the Scottish American Mortgage Company Limited, in consideration of $275 to be paid yearly on the first of January, for the full term of ten years, “ demised, leased, and rented ” to Jessie C. Lytle, certain real estate in Floyd county, she being bound to pay the taxes as additional rental. It provided that on default in the payment of the taxes or rental, at the option of the…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) The mortgage company insists that the purchase-price of the land was $1,260, of which $400 was paid in cash when the contract was made; that the balance of $860 was to be paid in ten annual installments of $85.10, without interest, and that until title passed the plaintiff'in error was a tenant .and bound to pay $275. rent annually for ten years; that time was made of the essence; and that by the express terms of the agreement the company was entitled to the improvements and also to retain whatever was paid on account of rent in the event there was a…
2Cases cited18 opinions
- Cilabot v. Winter Park Co.Supreme Court of Florida · 1894
- Drew v. PedlarCalifornia Supreme Court · 1891
- Ellis v. BryantSupreme Court of Georgia · 1904
- Phelps v. BrownCalifornia Supreme Court · 1892
- Glisson v. Heggie Bros.Supreme Court of Georgia · 1898
13 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Southeastern Land Fund, Inc. v. Real Estate World, Inc.Supreme Court of Georgia · 1976
- Brown v. Techdata Corp.Supreme Court of Georgia · 1977
- Gibson v. AlfordSupreme Court of Georgia · 1926
- Keith v. CommissionerUnited States Tax Court · 2000
- Couch v. CraneSupreme Court of Georgia · 1914
83 more not listed; retrieve them via the Exa API.