Still v. The Mayor

• Decision Date: 31 March 1859
• Citation: 27 Ga. 502
• Parties: Charles W. Still, ex'or, plaintiff in error. vs. The Mayor and Council of the City of Griffin, defendant in error.
• Court: Georgia Supreme Court

27 Ga. 502

Charles W. Still, ex'or, plaintiff in error. vs. The Mayor and Council of the City of Griffin, defendant in error.

Supreme Court of the State of Georgia

MARCH TERM, 1859.

In Equity, from Spalding county. Tried before Judge Cabaniss, at November Term, 1858.

This was a bill filed by plaintiff in error, in Spalding Superior Court, to enforce his vendor's lien for the unpaid purchase money on certain parcels of land in the city of Griffin, sold to the Monroe Railroad and Banking Company, by complainant's testator, Bartholomew Still, deceased, and set apart and dedicated by said company to certain religious denominations, as places for the erection of houses of worship, whenthe town of Griffin was laid out, but which never had been accepted or used by said denominations.

The cause proceeded to trial on the bill, answer and replication. The conveyance of the lands by Bartholomew Still, to the Monroe Railroad and Banking Company, was admitted in the answer of the defendant; and that the Monroe Railroad had been sold out, and was insolvent; and that all its assets and franchises had gone into the hands of the Macon and Western Railroad Company, as the legal successor of the Monroe Railroad and Banking Company. Letters testamentary were introduced by complainant.

Lewis L. Griffin testified: That he was president of the Mome Railroad and Banking Company from its organization to January, 1842, and that while he was such president, he bought of B. Still said lands, in his individual capacity, and afterwards, and by and with the consent of the said Still, the said company took up his notes, and give theirs in the place; that he signed the notes as President, by the order of the board of said company, and that it was for the lands on which the city of Griffin was laid out in 1842; that he thought he paid, in his individual capacity, part of the purchase money for the land, and afterwards, when the railroad company took up his notes, they paid him what money he had paid out; that there was no security given; that the notes mentioned in the bill are the same notes; he was President when the notes were signed, and signed them by express order of the board of said company. That he bought these lands in his individual capacity, for the purpose of founding a city, and the company promised to carry the plan out.

The notes having been lost, Amos W. Hammond testified: That he had the original notes; that no other person has had them; that he made the copies attached to the interrogatories of Griffin from them, and that they were lost, and that he knew they were made by L. L. Griffin, President of the Monroe Railroad and Banking Company; that he knew his handwriting.

The map by which the city was laid out was exhibited.

Alexander Belamy testified: He knew the lots which were reserved at the sale, by the map just produced; the Episcopal and Protestant Church lots are now vacant; the Presbyterian Church lot and Female Academy lots are both occupied; there is a lot which was reserved for ornamental purposes now enclosed, but not occupied; the Cumberland Presbyterian Church lot is not occupied by them; the Baptist and Methodist Church lots, and Male Academy lots are occupied; the public square is not enclosed; the public parade ground is not occupied; the court house lot, containing four acres, not occupied; all these lots are on 145, 2d dist. originally Monroe county, now Spalding; all these were reserved for public purposes, and lots were sold according to the map by which the city was laid out.

William Leak testified: That he was present when the lots were sold, and B. Still was present when the first lot was sold, and give no notice of his vendor's lien; don't know that he was present when all the lots were sold; the plaintiff's testator, B. Still,...