15 S.E.2d 712 | Ga. | 1941
1. Principles stated in Muckle v. Clarke,
2. The evidence disclosed a clear breach of the condition of the pardon that the pardonee not return to Fulton County during the terms of her sentences. The judge should have remanded her to the custody of the warden.
In Muckle v. Clarke,
The defendant admitted, both in her pleadings and in her testimony at the hearing, that she returned to Fulton County, and was arrested therein during the prohibited period. She represented, however, that it became necessary for her to return for the purpose of obtaining medical attention in order to save her life; that her return was solely for this purpose; and that she intended to remain in the county only until she could obtain treatment and was able to travel. She testified in this connection, in substance, that after receiving her pardon she moved to the home of her brother in North Carolina; that she suffered from a heart and kidney trouble, and while there she became very ill; that she knew she would die if she did not get medical attention, but that her brother lived fifteen miles from the nearest doctor, and she did not have the money to pay a doctor to come out there and give her proper treatment or to go to him and remain for treatment; and that she could obtain *452
medical treatment on credit only in Fulton County. It is contended that these circumstances excused a compliance with the condition that she should not return to Fulton County during the period of her sentences. This is untenable. The Governor stated no exceptions to the requirement of the condition exacted; that is to say, he stated no excuses for its non-performance, and it well may be doubted that this court might imply any of whatsoever kind or character. In grants of estates on condition, it is generally ruled that if compliance with the condition is rendered impossible by an act of God or certain other circumstances beyond the control of the grantee, the estate is not defeated by non-performance. 19 Am. Jur. 545, 546; Winn v. TabernacleInfirmary,
Judgment reversed. All the Justices concur.