Harvey v. West
Supreme Court of Georgia
Debtor and creditor. Gifts. Title. Actions. Estoppel. Evidence. Practice. Before Judge Harris. Payette superior court. March term, 1890. A fi. fa. in favor of M. P. Harvey against 8!. I.\ West, based upon a judgment of ¡September 19, 1887, was levied upon certain land, which was claimed by W. HAVest. It was found uot subject, and the plaintiff’s motion for a new trial was overruled, to which he excepted.
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Debtor and creditor. Gifts. Title. Actions. Estoppel. Evidence. Practice. Before Judge Harris. Payette superior court. March term, 1890. A fi. fa. in favor of M. P. Harvey against 8!. I.\ West, based upon a judgment of ¡September 19, 1887, was levied upon certain land, which was claimed by W. HAVest. It was found uot subject, and the plaintiff’s motion for a new trial was overruled, to which he excepted. In addition to the usual grounds of the motion, it was alleged that the court erred in ruling out the following evidence : Plaintiff offered to prove by J. J. Buffington that he (Buffington)…
1Opinion of the Court
Bleckley, Chief Justice.
1. In Georgia, title to land is not acquired or lost by parol, but passes from one person to another by writing-. This is the general rule, but to this rule there are some exceptions. One exception is, after a child is allowed to hold a father's land under certain conditions,, for seven years, the law conclusively presumes a gift. Code, ^2664. And a child, or any other donee within the range of a meritorious consideration, may compel, the specific performance of a voluntary agreement if possession has been given under the agreement, and the donee has made valuable…
2Cases cited3 opinions
- Howell v. EllsberrySupreme Court of Georgia · 1888
- Hughes v. ClarkSupreme Court of Georgia · 1881
- Hughes v. BerrienSupreme Court of Georgia · 1883
3Cited by12 opinions
- Kendrick v. KendrickSupreme Court of Georgia · 1962
- Daughtry v. Savannah & Statesboro Railway Co.Court of Appeals of Georgia · 1907
- Bennett v. DavisSupreme Court of Georgia · 1946
- Dye v. CraryNew Mexico Supreme Court · 1906
- Parker v. CrosbySupreme Court of Georgia · 1920
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