Hutchens v. Seaboard Air-Line Railway
Supreme Court of Georgia
Action for damages. Before Judge Edwards. Polk superior court. December 31, 1914. The plaintiffs, as heirs at law of Mrs. S. J. Dever, filed a petition against the Seaboard Air-Line Railway, to recover damages flowing from the construction of the road-bed in front of the plaintiffs’ property, alleging as follows: Mrs. Dever owned a tract of land containing about 320 acres, and conveyed to the East & West Railway Company, of' Alabama a right of way on the edge of her…
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Action for damages. Before Judge Edwards. Polk superior court. December 31, 1914. The plaintiffs, as heirs at law of Mrs. S. J. Dever, filed a petition against the Seaboard Air-Line Railway, to recover damages flowing from the construction of the road-bed in front of the plaintiffs’ property, alleging as follows: Mrs. Dever owned a tract of land containing about 320 acres, and conveyed to the East & West Railway Company, of' Alabama a right of way on the edge of her property. Upon this right of way the railway company constructed an embankment from four to six feet high and fifty feet wide,…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The petition as originally drafted purported to set forth a cause of action for a breach of a contemporaneous verbal contract imposing conditions upon a deed which the plaintiffs’ ancestor made to the defendant. The deed executed by Mrs. Dever was a conveyance in fee simple to certain described land. In her deed she also conveyed additional privileges appurtenant to the land conveyed. The rule is elementary that parol conditions can not be engrafted upon a deed. There is no pretense that any fraud was practiced by the railroad company upon the grantor,…
2Cases cited9 opinions
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- Louisville & Nashville Railroad v. HollandSupreme Court of Georgia · 1909
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3Cited by6 opinions
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- Cohen v. GarlandCourt of Appeals of Georgia · 1969
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