Reports of Cases Decided in the Supreme Court of the State of ..., volume 139
Reports of Cases Decided in the Supreme Court of the State of ..., volume 139
Georgia. Supreme Court
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g53 have under this grant? In the opinion it was said: "The interest which the State has in the premises is not an actual estate. It con- sists merely in a charge to secure the payment of the rent reserved, by distress and re-entry and taking possession. On a grant of the whole estate in fee simple, reserving a certain rent, with a clause for distress and re-entry for non-payment of the rent, the owner of the rent has neither seigniory nor reversion. 2 Stephen's Comm. 25; Litt. §§ 217, 218. A r...ight of entry is not a Reversion or estate in the land. Nichol t?. New York & E. E. Co., 2 Keman [12 N. Y.], 121. Nor is a mere possibility of reverter for con- dition broken, which may or may not happen, an estate in reversion. 4 Kent, 354; 2 Washb. on Eeal Property, 390.'' Ground rents are not unknown to the jurisprudence of this State. Three cases involving this subject have been considered by this court. Laurence v. Savannah, 71 Ga, 392 ; Mayor &c. of Sa- vannah V. Weed, 84 Oa. 683 (11 S. E.
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