Alston v. Wingfield
Supreme Court of Georgia
Vendor and purchaser. Bond for titles. Ejectment. Promissory notes. Evidence. Bankrupt. Practice in the Supreme Court. Before Judge Clark. Sumter Superior Court.
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Vendor and purchaser. Bond for titles. Ejectment. Promissory notes. Evidence. Bankrupt. Practice in the Supreme Court. Before Judge Clark. Sumter Superior Court. October Term, 1873. On November 20th, 1867, Nicholas Wylie sold to James M. Alston a tract of land in the seventeenth district of Sumter county, containing three thousand seven hundred and fifty acres, at the price of $21,000 00, for which Alston gave his three notes, each for $7,000 00, aud due January 25th, 1868, 1869 and 1870, respectively. The'following is a copy of the first note; the balance are similar, except as to the time…
1Opinion of the Court
McCay, Judge.
1. This court is committed by numerous decisions to the general doctrine that in the case of the executory sale of land where the purchase money is not paid and no deed made, but only a bond for titles given, conditioned to be void if the vendor make titles on the payment of the notes; that the title, and therefore the right to sue and recover in ejectment, remains in the vendor until the purchase money is all paid: Solomons vs. Day, 40 Georgia, 32; Thompkins vs. Williams, 19 Ibid., 569; Day, ex dem., Miller vs. Swift, 39 Ibid, 91; Ware vs. Jackson, 19 Ibid., 452; Mellan vs.…
2Cited by13 opinions
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- Sweat v. ArlineSupreme Court of Georgia · 1938
- Atlanta, Knoxville & Northern Railway Co. v. BarkerSupreme Court of Georgia · 1898
- Wheeler v. Layman FoundationSupreme Court of Georgia · 1939
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