Bagley v. Stephens
Supreme Court of Georgia
Administrators and Executors. Sales. Intruders. Before Judge Willis. Chattahoochee Superior Court. March Term, 1886. John Stephens proceeded to dispossess W. W. Bagley of certain land as an intruder thereon. The defendant filed a counter-affidavit. On the trial, the testimony showed, in brief, as follows: The executors of William Bagley sold certain lands, including that in dispute, at public outcry on the first Tuesday in November, 1885. The defendant bid in this land.
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Administrators and Executors. Sales. Intruders. Before Judge Willis. Chattahoochee Superior Court. March Term, 1886. John Stephens proceeded to dispossess W. W. Bagley of certain land as an intruder thereon. The defendant filed a counter-affidavit. On the trial, the testimony showed, in brief, as follows: The executors of William Bagley sold certain lands, including that in dispute, at public outcry on the first Tuesday in November, 1885. The defendant bid in this land. The terms were one-third cash, and one-third in one, and one-third in two years. The executors agreed that .purchasers might…
1Opinion of the Court
Bleckley, Chief Justice.
1. The first question is, whether the plaintiff in error was an intruder? He rests his claim of right upon his so-called purchase at the executor’s sale, and his entry under that purchase. He does not pretend, however, that he complied with the terms of sale, or any part of the terms. He was to make a cash payment of one-third of his bid and give notes for the balance. He paid nothing, and gave no note, nor did he tender either. The executors granted thirty days to make the payment, and then one or more of them extended the time thirty days longer-The first thirty days…
2Cited by1 opinion
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