Public-domain · open source
OpenJurist

138 Ga. 47

Fambrough v. DeVane

Supreme Court of Georgia

Decided April 10, 1912

Supreme Court of Georgia · decided 1912-04-10

<p>Equitable petition. Before Judge Thomas. Berrien superior court. February 2, 1911.</p>

Relies on Wiggins v. Wiggins

Good law ✅— No negative treatment on recordhow we know

Decided 1912-04-10

How this case has been cited

Cited by 5 later decisions — most recently February 1935

5 state decisions

20191219201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Evans, P. J.

¶11. Where personal property is sold, and a bill of sale with warranty of title is executed by the vendor, and the property is again sold with warranty of title, the last vendee and his vendor may join in an equitable petition against the original vendor, having for its purpose the reformation of the original bill of sale by including certain items of property omitted therefrom by mutual mistake.

¶22. The substantial merits of the petition were passed on when the judgment on demurrer thereto was reviewed in 133 Ga. 471 (66 S. E. 245).

¶33. In a suit to reform a contract, a plea by the defendant praying judgment for damages for independent torts against one of the plaintiffs, alleged to be a non-resident, is properly stricken on demurrer.

¶44. Other special demurrers were met by appropriate amendments.

¶5Judgment affirmed.

All the Justices concur.
/138/ga/47 · .json · Public domain