132 Ga. 366 | Ga. | 1909
In Wadley Lumber Co. v. Lott, 130 Ga. 135 (60 S. E. 836), the deed made by Peterson to Lott in 1882, upon, tlie construction of which their respective rights in the present case depend, was construed. It was there held that this instrument conveyed the fee in the land therein described to Lott, subject, however, to the right of Peterson to have it reeonveyed to him when Lott died, or offered the land for sale, upon his paying the original purchase-money and the value of all improvements placed by him upon the land, estimated in the manner provided for in the deed, and that, as neither of these events had happened when the Wadley Lumber Company cut the sawmill timber from the land, the title conveyed by Peterson to Lott was then as completely in Lott as it was on the date of the execution of the deed, and he therefore had the right to recover from the lumber company for the cutting of such- timber, although such company cut the timber under a conveyance of the timber which it received from Peterson in January, 1904; and the judgment of the trial court, to this effect, was affirmed.
It follows, that although Lott, since he recovered this judgment against the lumber company, may have offered the land for sale and may thereafter have refused to accept from Peterson the amount of the original purchase-money for the land, together with the value of the improvements placed by Lott thereon, and to thereupon reconvey the land to Peterson, the latter is not, under a cross-petition seeking
Judgment affirmed.
