Thompson & King v. Atwater
Supreme Court of Georgia
Equity. Yendor and purchaser. Administrators. Sales. Contracts. Notice. Title. Debtor and creditor. Before Judge Boynton. Upson superior court.
Read the full summary
Equity. Yendor and purchaser. Administrators. Sales. Contracts. Notice. Title. Debtor and creditor. Before Judge Boynton. Upson superior court. January term, 1889. Bill of interpleader by Lewis, administrator of Murphey, against Atwater and others, creditors of the deceased, who in his lifetime purchased land of Atwater, took bond for titles, paid part of the purchase price and remained in possession until his death, after which complainant, by leave of the court of ordinary and after legal advertisement, publicly .put up and sold the land. Atwater and the other creditors answered, claiming…
1Opinion of the Court
Simmons, Justice.
Under the facts found by the jury in this ease, we think the decree rendered by the trial judge was erroneous. Where a vendor sells land to a vendee, and the vendee pays a part of the purchase money and then *272dies, and- there is an administration on his estate and the administrator applies for leave to sell the land purchased from the vendor by the vendee, the only interest which the administrator can sell is the interest which the vendee had in the land, as represented by the amount of purchase money he had paid thereon. Nor can the administrator and vendor, when the land is…
2Cited by5 opinions
- Pinckney v. WeilSupreme Court of Georgia · 1936
- Mallard v. CurranSupreme Court of Georgia · 1905
- Baker v. KimzeyCourt of Appeals of Georgia · 1925
- Cubine v. CubineCourt of Appeals of Georgia · 1942
- Womack v. BensonSupreme Court of Georgia · 1947