Upchurch v. White

Court of Appeals of Georgia

Upchurch v. White

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

Court of Appeals of Georgia·Decided July 14, 1927·No. 18134·Published

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.

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

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