153 Ga. 639 | Ga. | 1922
A paper was executed by B. F. Corbin to M. G-. Jones, as follows
“ Georgia Gwinnett County: This contract made and entered into this Sept. 5th, 1918, between B. F. Corbin and Gus Jones, both of said county and State, witnesseth that the said B. F. Cor-bin has this day sold to the said Gus Jones all his gin machinery, including engine, located on the west side of the Lawrenceville and Buford public road; about four miles from Lawrenceville, Ga. That the said B. F. Corbin has also give to the said Gus Jones the right to use the gin-stand, or the land on which the gin is located, as long as he cares to operate a gin at this location. When the said J ones moves his gin from this location, the land on which the gin is situated goes to and belongs to the man who may own the one hundred acres from which the gin grounds were taken. That the said Gus Jones agrees to all the foregoing condition. Witness our hands and seals, this the 5th day of September, 1918.
Witness: C. A. Turner, N. P.
Gwinnett County, Ga.
B. F. Corbin
M. G. Jones.”
This paper was never recorded. After its execution B.' F. Cor-bin executed a deed to L. A. Davis and Mrs. L. A. Davis, purporting to convey the whole tract, without making any reservation or exception of the gin-house location. The deed was duly recorded. After such conveyance Jones took the machinery out of the gin-house and pulled down the building, preparatory to the construction of another and larger gin-house on the same location. While he was so engaged in constructing the foundation for the new building, Davis and Mrs. Davis instituted an action against him to recover possession of the land, and enjoin him from constructing the building. On the trial a special verdict was returned, answering certain questions propounded by the court, favorable to the defendant. The plaintiffs’ motion for new trial was overruled, and they excepted.
Judgment affirmed.