Fernander v. Dunn

Decided February 15, 1856

Supreme Court of Georgia · decided 1856-02-15

In Equity, from Fayette Superior Court. Tried before Judge Bull, March Term, 1856. This was a bill filed by Dunn, as administrator of John Sellars, deceased, against Mary Fernander, formerly Mary Palmer, and administratrix and solo heir of John Palmer, her ■ former husband.

Cited by 3 later decisions — most recently January 1925

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1856-02-15

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¶1By the Court.

Lumpkin, J.

¶2delivering the opinion.

¶3We affirm the judgment of the Court below, on all the •grounds taken in the motion for a new trial, except his charge as to the measure of damages in this case. Usually, it is the purchase money, with interest from the sale of the land. Rut the proof here is, that Sellars, the intestate of the complainant, and his assigns, enjoyed the possession of the land for several years before the paramount outstanding title accrued, viz : before the lot was granted by the State; During this time, there was no liability for mesne profits; ■and consequently, no interest on the purchase money should *501be computed during this period. (9 Johns. Rep. 324; 12 Ib. 125; 13 Ib. 20; 3 Caine’s Rep. 111; 17 Ga. Rep. 602.)