Upchurch v. White

Court of Appeals of Georgia

Upchurch v. White

139 S.E. 81, 37 Ga. App. 100, 1927 Ga. App. LEXIS 490

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1927

Docket18134

StatusPublished

This text of 139 S.E. 81 (Upchurch v. White) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Upchurch v. White, 139 S.E. 81, 37 Ga. App. 100, 1927 Ga. App. LEXIS 490 (Ga. Ct. App. 1927).

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Opinion

Luke, J.

Where title to a ti’act of land is conveyed by warranty deed, and possession of the land is delivered to the grantee, and several years thereafter an unsuccessful attempt is made to evict the grantee from the premises, a suit by the grantee will not lie against the grantor to-recover attorney’s fees, surveyor’s fees, etc. A petition which made only such a case was subject to general demurrer. See Joyner v. Smith, 132 Ga. 779 (65 S. E. 68); Gragg v. Richardson, 25 Ga. 566 (71 Am. D. 190); Smith v. Williams, 117 Ga. 783 (45 S. E. 394, 97 Am. St. R. 220); Taylor v. Allen, 131 Ga. 416 (4).

Judgment affirmed.

Broyles, C. J., and Bloodioorth, J., concur.

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Luke, J.

Where title to a ti’act of land is conveyed by warranty deed, and possession of the land is delivered to the grantee, and several years thereafter an unsuccessful attempt is made to evict the grantee from the premises, a suit by the grantee will not lie against the grantor to-recover attorney’s fees, surveyor’s fees, etc. A petition which made only such a case was subject to general demurrer. See Joyner v. Smith, 132 Ga. 779 (65 S. E. 68); Gragg v. Richardson, 25 Ga. 566 (71 Am. D. 190); Smith v. Williams, 117 Ga. 783 (45 S. E. 394, 97 Am. St. R. 220); Taylor v. Allen, 131 Ga. 416 (4).

Judgment affirmed.

Broyles, C. J., and Bloodioorth, J., concur.

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Bluebook (online)

139 S.E. 81, 37 Ga. App. 100, 1927 Ga. App. LEXIS 490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/upchurch-v-white-gactapp-1927.

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