Carbine v. McCoy
Supreme Court of Georgia
Equity. Contracts. Deeds. Fraud. Rescission. Mistake. Negligence. Laches. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1889. Carbine by his bill filed July 2, 1887, alleged as follows: He is sixty-six years old. In 1814 he married Thompson Ann Chinn. They had a number of children, four of whom are living, and two of whom have died leaving children, now minors.
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Equity. Contracts. Deeds. Fraud. Rescission. Mistake. Negligence. Laches. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1889. Carbine by his bill filed July 2, 1887, alleged as follows: He is sixty-six years old. In 1814 he married Thompson Ann Chinn. They had a number of children, four of whom are living, and two of whom have died leaving children, now minors. The complainant is a blacksmith and boiler-maker, and, leaving his family in England in 1867, came to Atlanta to work at his trade. He so far succeeded as to be able, on April 17, 1871, to buy a tract of land…
1Opinion of the Court
Simmons, Justice.
1. Taking all the material allegations in the petition (which are well pleaded) to be true, we think the court erred in sustaining the demurrer thereto and dismissing the petition. According to the allegations in the petition, the deed signed by the plaintiff contained a very different contract from the one which he says he made with his wife. The contract which he claims to have made was, that his wife should have an estate in the property as long as they resided in Memphis, but upon their return to Atlanta the deed was to be surrendered by her to him. The deed gave to the…
2Cases cited3 opinions
- Welles v. . YatesNew York Court of Appeals · 1871
- Bergen v. EbeyIllinois Supreme Court · 1878
- Summers v. ColemanSupreme Court of Missouri · 1883
3Cited by5 opinions
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- Gore v. Malsby & Co.Supreme Court of Georgia · 1900
- Gray v. La PlantSupreme Court of Iowa · 1918
- Griffin v. HadenSupreme Court of Georgia · 1931
- Rigell v. GaskinsSupreme Court of Georgia · 1914