Venable v. Burton
Supreme Court of Georgia
Equitable petitioñ. Before Judge Gober. Forsytli superior court. August 29, 1906. The petition, brought by Burton against Venable alleges substantially the following facts: In the year 1873 petitioner secured for defendant a loan of $100 from one Moore, an uncle of petitioner, “the said Venable offering, as security for said loan, .a deed conveying to said Moore the title to lot of land No. 483, .. . being the lot adjoining said Venable’s house lot, on the ■north side…
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Equitable petitioñ. Before Judge Gober. Forsytli superior court. August 29, 1906. The petition, brought by Burton against Venable alleges substantially the following facts: In the year 1873 petitioner secured for defendant a loan of $100 from one Moore, an uncle of petitioner, “the said Venable offering, as security for said loan, .a deed conveying to said Moore the title to lot of land No. 483, .. . being the lot adjoining said Venable’s house lot, on the ■north side thereof, . . which lot was well known to petitioner, except the number, which petitioner did.not. know; neither did Moore know…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. The credibility of the evidence for the plaintiff was a question for the jury. Their verdict shows that they accepted it as true; and in the light of that evidence, the plaintiff was clearly entitled to the relief sought. The contention that even if the plaintiff’s evidence presented the truth of the case, he was necessarily remitted to an action for deceit, and that, inasmuch as there was a mistake upon the part of the plaintiff and not upon the part of the defendant, the suit for a reformation of the deed could not be maintained, is not supported by the…
2Cases cited5 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Sable v. MaloheyWisconsin Supreme Court · 1880
- Shelton & Co. v. EllisSupreme Court of Georgia · 1883
- Wyche v. GreeneSupreme Court of Georgia · 1858
- Hutson v. FumasSupreme Court of Iowa · 1870
3Cited by13 opinions
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- Lynch Enterprise Finance Corp. v. Realty Construction Co.Supreme Court of Georgia · 1933
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