139 Ga. 148 | Ga. | 1912
G. P. Marshall brought an action to recover land and mesne profits against H. T. Whatley and others. The other defendants disclaimed title and any right of possession. The prayer for mesne profits was withdrawn. It appears from the evidence submitted on the trial, that Marshall, on March 15, 1902, brought an action for specific performance against Carmichael, in which action the petition alleged that in May, 1899, Marshall purchased the land now in controversy from Carmichael at a stated price, went into possession, made valuable improvements, and subsequently paid to Carmichael, the purchase-price in full, in accordance with his contract; but'that Carmichael refused to convey the land to him. This action pended until April 3, 1906, when a verdict and decree were rendered in behalf of Marshall, requiring Carmichael to execute to him a deed for the land in controversy. The certified transcript of- all the proceedings in that action was put in evidence by the plaintiff on the trial now under review. There was evidence to the effect that “a while before Christmas” in 1901, W. S. Presley purchased the land from Carmichael, giving him promissory notes amounting to $260 for the purchase-price, and receiving from Carmichael a bond for title, ho cash being paid. On August 19, 1902, according to an understanding entered into by Carmichael, Presley, and Barrett, Presley delivered up to Carmichael the bond for title which the latter had given him, and Carmichael returned to Presley the notes he had given for the purchase-price of the land, Presley at the time paying to Carmichael the sum of $10, and in consideration thereof the latter conveyed to Presley eight acres of the land. At the same time Barrett gave Carmichael his three notes amounting to $250 as the purchase-price for the land, and Carmichael gave Barrett a bond to make him a title when the notes should be paid. On February 7, 1903, Barrett, in consideration of the payment of $100 and the assumption by Whatley of the payment of Barrett’s notes to Carmichael, assigned the bond for title which he held from Carmichael to Whatley. Presley testified that, before he purchased from Carmichael, Marshall had informed him, Presley, that he, Marshall, could not pay Carmichael for the land and had given it up. Barrett and Whatley testified that they had purchased the land in good
Judgment affirmed.