173 Ga. 696 | Ga. | 1931
Lead Opinion
(After stating the foregoing facts.) The claim of Randall is based upon the theory that Mrs. Purtell, the common grantor of both the lots involved in this case, in her conveyance to the Trust Company of Georgia, inserted an agreement in her deed that neither she nor her heirs or assigns would ever erect any building on the lot which she at that time reserved, and which later passed by conveyance to A. PL and C. W. Greene and from them to Thompson, the plaintiff in error, nearer to North Avenue than 42 feet from the point where the curb adjoins the roadway. The contention of Randall, as presented in his petition, is that in the original conveyance from Mrs. Purtell to the Trust Company of Georgia, and in all subsequent conveyances, including the deed to defendant, the stipulation to which we have referred has been incorporated, and, as these deeds are of record, that he is entitled to an unobstructed view and such use of light and air as would be interfered with by the construction of Thomp
The Code, § 4531, states the general rule that a court of equity will not lend its aid against a bona fide purchaser. Undoubtedly, under the undisputed evidence in this case, A. H. & C. W. Greene were bona fide purchasers without any knowledge of the restrictions sought to be imposed by -Mrs. Purtell in her deed to the Trust Company of Georgia, and of such grantees including Bandall. It is well settled that a bona fide purchaser of land without notice of any fraud or defect in the title, even though his vendor is affected
It was ruled in Mays v. Redman, 134 Ga. 870 (2) (68 S. E. 738) : “If the defendant was a bona fide purchaser for value and
Judgment reversed.
Concurrence Opinion
concurs in the judgment of reversal, but not in all that is said in the opinion by Mr. Chief Justice Russell. The case, on its facts, seems to be controlled by the principles applied by this court in Hancock v. Gumm, 151 Ga. 667 (107 S. E. 872, 16 A. L. R. 1003), which is binding as a precedent and requires a reversal of the judgment of the trial court.