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

Supreme Court of Georgia·Decided July 10, 1934·No. No. 9849·Published

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

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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

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

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175 S.E. 805 (Shelton v. Smith & Simpson Lumber Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

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