Myers v. Warrenfells
Supreme Court of Georgia
Claim. Before Judge Wright. ■ Walker superior court. November 10, 1921. W. W. S. Myers, as administrator of B. F. Ellsberry, obtained from the court of ordinary of Walker county an order for the sale of eighty acres of the north half of lot of land No. 281 in the 22d district, 3d section of Walker county, Georgia, as the property of the estate of B. F. Ellsberry; and he advertised the same for sale in pursuance of said order.
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Claim. Before Judge Wright. ■ Walker superior court. November 10, 1921. W. W. S. Myers, as administrator of B. F. Ellsberry, obtained from the court of ordinary of Walker county an order for the sale of eighty acres of the north half of lot of land No. 281 in the 22d district, 3d section of Walker county, Georgia, as the property of the estate of B. F. Ellsberry; and he advertised the same for sale in pursuance of said order. On October 2, 1917, J. W. Cavender filed a claim thereto. On November 5, 1920, this claim came on to be heard in the superior court of said county. It was admitted in…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
1. It is unnecessary to deal with any of the headnotes except the last.
2. Hnder the facts, did the court err in directing a verdict for the claimant ? J. W. Cavender sold to B. F. Ellsberry the premises in dispute, giving to the purchaser his bond for title, and taking the notes of the purchaser Tor the purchase-money. The bond for title was conditioned to make to the purchaser the title to the land therein embraced, on payment of these notes given for the purchase-money. The purchaser died. The administrator obtained from the court of ordinary an order…
2Cases cited12 opinions
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3Cited by12 opinions
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