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26 Ga. 401

Clements v. Landrum

Supreme Court of Georgia

Decided August 15, 1858

Supreme Court of Georgia · decided 1858-08-15

Covenant, in Fayette Superior Court. Tried before Judge Bull, at March Term, 1858. This was an action t© recsver damages for the breach of a covenant contained in a deed executed by Clements to Landrum’s testator, conveying lot of land No. 147, in the 7th District of Fayette county.

Good law ✅— No negative treatment on recordhow we know

Decided 1858-08-15

How this case has been cited

Cited by 3 later decisions — most recently July 1920

3 state decisions

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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.

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¶1By the Court.

McDonald, J.

¶2delivering the opinion.

¶3The consideration expressed in the deed on which the action is brought, is three^ hundred dollars. The evidence *403shows that a money consideration was not paid, but that the land conveyed was given in part consideration of another tract of land. It was not in proof, at what value this land was estimated in the trade. The consideration expressed in the deed must, therefore, be presumed to be the value of the land in money agreed upon by the parties. As the presiding Judge in the Court below said to the jury, it is a presumption which might be rebutted by evidence; hut unless so rebutted, it must stand as the price agreed upon by the • parties.

¶4Judgment affirmed..

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