Lovell v. Frankum
Supreme Court of Georgia
Equitable petition. Before Judge Jones. Habersham superior court. May 4, 1915. J. E. J. Erankum brought suit against Ellis Lovell and his ' wife, L. C. Lovell, alleging: The defendants, being indebted to one Craig in the sum of a hundred dollars, secured by deed to their land, applied to the plaintiff to borrow that sum with which to pay Craig.
Read the full summary
Equitable petition. Before Judge Jones. Habersham superior court. May 4, 1915. J. E. J. Erankum brought suit against Ellis Lovell and his ' wife, L. C. Lovell, alleging: The defendants, being indebted to one Craig in the sum of a hundred dollars, secured by deed to their land, applied to the plaintiff to borrow that sum with which to pay Craig. It was agreed between plaintiff and defendants, that, on the former advancing the money for them, they would make to him a deed to the same land, and he in turn would execute to them a bond for title conditioned to reconvey the land to them on payment…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. Although the petition as originally framed was denominated by the pleader to be an equitable petition, it, was without any equitable feature. Nothing was alleged upon which any equi*108table prayer could be predicated. The suit was for a breach of contract. In the original draft of the petition the plaintiff alleged that he had contracted with both of the defendants to loan them a certain sum of money for the period of one year, upon their joint promise to give him a note therefor and secure the same by deed to their land. The action was instituted before…
2Cases cited2 opinions
- Traders Insurance v. MannSupreme Court of Georgia · 1903
- McKenzie v. MitchellSupreme Court of Georgia · 1905
3Cited by36 opinions
- Georgia-Carolina Brick & Tile Co. v. BrownCourt of Appeals of Georgia · 1980
- Willis v. HillCourt of Appeals of Georgia · 1967
- Edwards-Warren Tire Co. v. CobleCourt of Appeals of Georgia · 1960
- Maryland Casualty Co. v. SammonsCourt of Appeals of Georgia · 1940
- Martin v. PierceCourt of Appeals of Georgia · 1977
31 more not listed; retrieve them via the Exa API.