Broxton v. Ennis
Supreme Court of Georgia
Petition for certiorari. Before Judge Eisii. Dooly county. January 5, 1895. On August 24, 1894, Broxton obtained a distress warrant against Downing for the rent of certain land for 1894, upon the ground that Downing was removing or about to remove the crop from the land.
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Petition for certiorari. Before Judge Eisii. Dooly county. January 5, 1895. On August 24, 1894, Broxton obtained a distress warrant against Downing for the rent of certain land for 1894, upon the ground that Downing was removing or about to remove the crop from the land. On October 18, 1894, Ennis obtained a distress warrant against Downing as his tenant for rent of the same land, it being alleged in his affidavit for the warrant, that the amount claimed for rent was due and unpaid. Both the warrants were levied on the same property, and by consent tbe property was converted into casli, which…
1Opinion of the CourtAtkinson, J.
1. Where, under a contract for the sale of land, the vendor executes to the vendee the usual bond for titles, and delivers to him the possession of the premises, even if the latter fail to pay the purchase money at maturity, he may nevertheless retain possession, either by himself or his tenant, until such time as he shall be legally evicted therefrom by the vendor; and the tenant who enters under the vendee cannot, without first surrendering his possession to the latter, attorn to the vendor upon any-supposed right of the latter, without the consent of the vendee to-rescind the contract of…
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