130 Ga. 716 | Ga. | 1908
Mrs. W. R. Singleton agreed to sell to N. B. F. Close a lot of land in the city of Savannah, for $4,800, and to receive in payment therefor a lot of land owned by Mr. Close, of the agreed value of $2,000, and $2,800 in cash. The memorandum of sale was as follows: “Savannah, Ga., July 7th, 1906. Mr. NB. F. Close. We have this day sold you and you agree to purchase the western portion of lot fortjf-one (41) Flannery Ward together with all improvements contained thereon for the sum of forty-eight hundred dollars ($4,800.00). Terms as follows: Purchaser giving western forty feet of lot twenty-five (25) Gumming Ward in lieu of two thousand dollars ($2,000) and balance of twenty-eight' hundred dollars ($2,800.00) in cash. Taxes, State, county, and municipal, and water rent to be prorated to date of transfer. It is furthermore understood that seller is to occupy residence No. 221 36th Street West at the rate of $30.00 per month from date-of transfer to October 1st, 1906. Sale subject to examination of titles of both properties involved. We acknowledge to have received five dollars ($5.00) in part payment of above, which is to be-returned in the event sale not consummated on account of imperfect-titles. [Signed] Haines & Hunter, Agts. (L. S.) Mrs. W. R-Singleton. N. B. F. Close (L. S.).” On examination of the title-it was discovered that Mr. Prendergast, a previous owner of a portion of the property which Mr. Close was to convey in part payment, was living separate and apart from his wife at the time he-conveyed it to Mr. Close’s grantors, in 1899, and Mr. Prendergast and his wife are still living in a state of separation. Mrs. Single
In Venable v. Craig, 44 Ga. 437, section 2436 was under consideration, and was applied to the facts of that case. It appeared that Venable, pending a libel for divorce brought against him by his wife, sold bona fide and for value certain property to Craig. 'The property was described in the schedule, but the schedule was lost, and pending the trial was established. The property embraced in the schedule as established was awarded by the jury to the wife, after its sale by the husband to Craig, and a writ of possession issued
In the present case no divorce suit had been brought, and the
It is going far enough to hold .that a bona fide purchaser for value and without notice of a pending libel for divorce shall take his title subject to the final verdict and decree to be rendered in the pending suit. In giving this section this construction, we do
In the petition it is alleged that the property owned by Mrs. Singleton and covered by the written contract of sale is that conveyed to her on June 6, 1903, by the Savannah Investment Company, by deed wherein it is described as “all that certain lot or parcel of land, situate, lying and being in the city of Savannah, county of Chatham and State of Georgia, and known on the map of said city as the western portion of lot number forty-one Flannery Ward, said western portion of lot having a frontage of thirty-five (35) feet, six (6) inches in Thirty-six street and a rectangular depth southwardly of one hundred and seventeen (117) feet, and bounded on the north by Thirty-sixth street, on the east by the eastern portion of said lot number forty-one (41), on the south by a lane, and on the west by Jefferson street.” The paragraph of the petition containing this description was specially demurred to, because “it seeks to amplify and enlarge the description of the property alleged to be owned by the defendant; . . the allegations of paragraph 2 are too exacting, in that they allege certain fixed dimensions, while the contract sued on does not specify any dimensions at all, and this defendant is not bound in law to convey any fixed or definite number of -feet as alleged in said petition.” In other words, the demurrer raises the objection that the contract of sale, if valid, was an agreement to sell the property as. a whole, and not as containing any specific dimensions. The reply to this objection is that the petition alleges that the land as particularly described is the same land that is covered in the contract of sale, and the demurrer admits the truth of this allegation. Mr.
Judgment affirmed.