Stallings v. Ivey
Supreme Court of Georgia
Administrator’s Sale. Vendor’s lien. Wilkins S. Ivey, as administrator own testamento annexo, upon the estate of Mitchell Connor, deceased, filed his bill against the heirs and creditors, for the purpose of marshaling the assets. Upon this bill an issue ivas formed, as to whether a certain tract of land, sold by the complainant, was subject to a vendor’s lien, in favor of Thomas J. and A. J. Stallings, as executors of William Stallings, deceased.
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Administrator’s Sale. Vendor’s lien. Wilkins S. Ivey, as administrator own testamento annexo, upon the estate of Mitchell Connor, deceased, filed his bill against the heirs and creditors, for the purpose of marshaling the assets. Upon this bill an issue ivas formed, as to whether a certain tract of land, sold by the complainant, was subject to a vendor’s lien, in favor of Thomas J. and A. J. Stallings, as executors of William Stallings, deceased. The evidence made the following case: In 1858, Thomas J. and A. J. Stallings, as such executors, sold said land to Mitchell Connor, taking his note…
1Opinion of the Court
Trippe, Judge.
It is not necessary, under the decision we pronounce in this case, to determine the point whether the plaintiff in error could properly assert his claim of vendor’s lien against the land in the hands of Mrs. Connor, the widow and purchaser at administrator’s sale, on a bill filed by the administrator to marshal the assets of the estate. If the sale by the administrator displaced the lien of Stallings, the vendor, the judgment of the Court below granting the new trial was right. We hold that the sale by the administrator in this case, it being made under an order of the Court of…
2Cited by2 opinions
- Carlton v. DavantSupreme Court of Georgia · 1877
- Rhett v. Georgia Land & Cotton Co.Supreme Court of Georgia · 1880