Shelton v. Smith & Simpson Lumber Co.

Supreme Court of Georgia

Shelton v. Smith & Simpson Lumber Co.

175 S.E. 805, 179 Ga. 336, 1934 Ga. LEXIS 283

CourtSupreme Court of Georgia

DecidedJuly 10, 1934

DocketNo. 9849

StatusPublished

This text of 175 S.E. 805 (Shelton v. Smith & Simpson Lumber Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shelton v. Smith & Simpson Lumber Co., 175 S.E. 805, 179 Ga. 336, 1934 Ga. LEXIS 283 (Ga. 1934).

Pincite

Opinions

Russell, C. J.

The allegations of .the petition are not sufficient to set up a cause of action for specific performance, because all the purchase-money is not yet due and has not been paid; but in view of the fact that the record title is not in petitioner’s name, and consequently her occupancy would not be notice of her interest, the allegations are sufficient to authorize the grant of an injunction against disturbing her possession.

Judgment reversed.

All the Justices concur, except

Free access — add to your briefcase to read the full text and ask questions with AI

Russell, C. J.

The allegations of .the petition are not sufficient to set up a cause of action for specific performance, because all the purchase-money is not yet due and has not been paid; but in view of the fact that the record title is not in petitioner’s name, and consequently her occupancy would not be notice of her interest, the allegations are sufficient to authorize the grant of an injunction against disturbing her possession.

Judgment reversed.

All the Justices concur, except

Cite This Page — Counsel Stack

Bluebook (online)

175 S.E. 805, 179 Ga. 336, 1934 Ga. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelton-v-smith-simpson-lumber-co-ga-1934.

Opinions

Related

Cite This Page — Counsel Stack