McDonald v. Ellis

1. In a suit by a sheriff upon a bid at the sale of personalty (a mule),-under the provisions of sections 6068 and 6069 of the Civil Code, the bidder is estopped from setting up as a defense the invalidity of the sale, where, after bidding off the property, he was given possession of it, and removed it, so that the sheriff could not find it to resell it. Civil Code, § 5736; Mock v. Stuekey, 96 Ga. 187 (23 S. E. 307).

2. Under repeated rulings of' this court and of the Supreme Court, an assignment of error upon the refusal of the trial court to grant a non-suit will not be considered where the…