12 S.E. 179 (Ga. 1890), Brown v. Doane
|Citation:||12 S.E. 179, 86 Ga. 32|
|Opinion Judge:||BLECKLEY, C.J.|
|Party Name:||BROWN v. DOANE.|
|Attorney:||E. V. Carter, for defendant in error.|
|Case Date:||October 13, 1890|
|Court:||Supreme Court of Georgia|
Syllabus by the Court.
1. If by a false and fraudulent oral promise, which he intends at the time of making it afterwards to violate, the vendee of two contiguous parcels of land, which he has contracted for by separate and distinct contracts, induces the vendor to convey to him both parcels by one and the same absolute unconditional deed, he paying for one parcel, but not for the other, equity by reason of his fraud will fasten upon him a constructive trust in behalf of the vendor, as to the parcel not paid for, although the two parcels are not described in the deed as several tracts, but both together are treated as one tract.
2. Whether a written undertaking to pay for land, when the vendor produces and puts in the hands of the vendee a complete chain of paper title from the state down to the vendor, imports a duty in the vendor to made efforts to procure such a title to be executed if it does not already exist, is open to explanation by parol evidence, the language of the instrument being ambiguous.
Error from superior court, Fulton county; CLARKE, Judge.
p>Page arnold & Arnold, for plaintiff in error.
Mrs. Brown, by warranty deed, absolute in terms, expressing a consideration of $2,400 in hand paid, conveyed to Doane in fee-simple, as one tract containing 60 acres, more or less, parts of land lots Nos. 94 and 99 in the fourteenth district of Fulton county. Doane at the same time delivered to her his written obligation reciting that he had purchased her home plantation near Hapeville, to which she had made him a deed, and proceeding as follows: "I hereby agree and bind myself to pay to Mrs. Sudie C. Brown the sum of $200, without interest, whenever she produces and places in my hands a good chain of title in fee-simple from plat and grant down and into Mrs. Sudie C. Brown of the five acres of land on land lot number 94 *** which is embraced in said Mrs. Sudie C. Brown's deed to me. This note is not to be transferred to any one, and to be paid only when the conditions for which said note is given are strictly complied with." This sum of $200 added to $2,200 actually paid would be requisite to make up the amount expressed in the deed as the consideration. The parties differing as to...
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