133 Ga. 691 | Ga. | 1909
This is a suit brought by R. H. Gilbert against James Long, W. H. West, and Henry Scott, praying for the reformation of certain deeds and an injunction against the disturbance of the plaintiff’s possession of a certain lot of land. According to the case made by the plaintiff’s petition, on April 23, 1903, two contiguous lots of land, numbers 251 and 252, both being in the 21st district and 3d section of Polk county, Georgia, were owned and possessed, respectively, by Gilbert and Long, Gilbert owning lot 251 and Long owning 252. On that date Long bargained to Henry and Bert Atkins the west half of lot number 252. Afterwards the Atkinses assigned their bond for title to W. J. West & Co., who paid the purchase-money to Long, and on December 15, 1905, Long conveyed the land to W. J. West, who, on October 31, 1906, conveyed it to the plaintiff. The vendees of James Long and their grantees have been in continuous possession of the west half of lot number 252 since the execution bjr Long of his bond for title to the Atkinses. In each of the foregoing conveyances and transactions it was the intention of all the parties thereto to describe the land actually bargained, which was the west half of lot number 252, but from accident or mistake the land in each of the conveyances was misdescribed as being the west half of lot 251. Recently the defendant Long has warned the plaintiff from further remaining in possession of the land, and has made a pretended sale of the west half of lot 252 to Henry Scott, who did not purchase the land in good faith, nor has he paid any of the purchase-money. The prayer of the petition is to reform the deeds from Long to West and from West to Gilbert, so as to, describe the property as the west half of lot number 252,. and to enjoin the defendants Scott and Long from interfering with the plaintiff’s possession. The defendants answered, and the case was tried, resulting in a verdict for the
Judgment affirmed.