Holcomb v. Garcia

Note: The opinion in this case was prepared by the late Presiding Justice Head for submission to the court and is approved by the court as written.

Head, Presiding Justice.

Ordinarily a purchaser of land, who is in possession, can not have relief in equity against the payment of the purchase money, upon the mere ground of a defect *118of title, before eviction. Exceptions to this rule are where the vendor executing a warranty deed or bond for title is insolvent, or a nonresident with no property within the jurisdiction of the State. McGehee v. Jones, 10 Ga. 127 (2, 4); Smith v. Hudson, 45 Ga. 208;…