21 Ga. 576 | Ga. | 1857
delivering the opinion.
Litigation in our Courts is too protracted, and it has been truly said, that justice when it comes, is so burdened with expense, that injustice were scarcely worse. Some of the cases on this docket by their repeated recurrence, are almost coeval with this Court. This should not be. This case has been tried three times. It has been here three times. And yet, its substantial merits were developed at first. No new fact or feature has been disclosed since. Upon the very point to which the testimony of Milly McGuire the mother relates, to-wit: The acknowledgment of Calhoun, that he knew when he was buying this land, that the title was in Absalom McGuire’s children; is not that fact patent upon the deed which he took ? He takes a conveyance from the father as “ parent,” and from Lovick McGuire, as the only child that had come of age! And suppose he did not know it, the proof shows that Absalom McGuire never pretended to claim this land as his own. All the children, except one, were minors. They sued for the land willed them by their grand father, so soon as they attained their majority. It may be a hard
We are inclined to think, that it was right to recover of Johnson the whole lot as well as the mesne profits. Wood certainly made none. His contract with Johnson was not such as could have been enforced upon a bill for specific performance. No part of the purchase money had been paid, and it was immediately rescinded by mutual consent.
Upon the whole, we think it best, that there should be an end to this controversy.
Judgment affirmed.