Holmes v. Holmes
Supreme Court of Georgia
Complaint. Before Judge Fite. Dade superior court. February 5, 1912. The action was by an 'administrator against the highest bidder at an administrator’s sale of land, to recover the amount of the bid.
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Complaint. Before Judge Fite. Dade superior court. February 5, 1912. The action was by an 'administrator against the highest bidder at an administrator’s sale of land, to recover the amount of the bid. The defendant pleaded that he bid upon the land upon the representation of the administrator, and under a mistake of law induced by him, that his intestate owned the land, and that the administrator had the right to sell and convey the entire lot; whereas the administrator’s intestate had title to only a part of the lot of land; and that for this reason he is relieved from liability for the…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The disposition of this case depends upon 'á decision whether or not its facts bring it within the rule that, under the doctrine of caveat emptor, a purchaser at an administrator’s sale can not repudiate his bid because of a defective title, or want of title in the decedent. The principle of caveat emptor has never been carried to the extent that a purchaser at an administrator’s sale is not relievahle against the fraud or misrepresentation of an administrator. If an administrator is guilty of imposition, and the purchaser is influenced in making his bid…
2Cases cited4 opinions
- Jones v. WarnockSupreme Court of Georgia · 1881
- Colbert v. MooreSupreme Court of Georgia · 1880
- Collier v. PerkersonSupreme Court of Georgia · 1860
- Kingsbery v. LoveSupreme Court of Georgia · 1895
3Cited by3 opinions
- Edenfield v. RountreeCourt of Appeals of Georgia · 1925
- Dukes v. BashlorSupreme Court of Georgia · 1926
- Moore v. Hartford Accident & Indemnity Co.Court of Appeals of Georgia · 1960