Supreme Court of Georgia, 1872

McCrary & Co. v. Austell, Inman & Co.

Supreme Court of Georgia · Decided July 15, 1872 · Montgomery

46 Ga. 450

Cases that cite this one

1 later published case cites this decision.

Atlanta Trust & Banking Co. v. Nelms (Ga. 1903)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Montgomery, Judge.

We think the facts of this case show that there was “an honest mistake of the law as to the effect of the instrument on the part of both contracting parties,” and that “ such mistake operates as a gross injustice to one, and gives an un*452conscious advantage to the other.” The case is, therefore, relievable in equity: Code, section 3067. Equity having acquired jurisdiction to reform, will retain it to foreclose the mortgage.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.