Sawyer v. Cargile
Supreme Court of Georgia
Sunday. Title. Advertisement. Levy and Sale. Before Judge Hammond. Fulton Superior Court. October Term, 1883. Sawyer brought complaint for land against Cargile.
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Sunday. Title. Advertisement. Levy and Sale. Before Judge Hammond. Fulton Superior Court. October Term, 1883. Sawyer brought complaint for land against Cargile. One link in the chain of title on which plaintiffs case depended was a deed made by the marshal of the city of Atlanta, under an execution issued for city taxes due by Cargile for 1879. It appeared from the evidence introduced by plaintiff that the advertisement of this tax sale issued four times, as follows: On Sunday, November 2; Thursday, November 13 ; Friday, November 21; Friday, November 28. It was also proved that the Sunday…
1Opinion of the Court
Jackson, Chief Justice.
Sawyer sued Cargile for a lot of land in Atlanta. The-plaintiff derived title from the city of Atlanta, and the city from the sale.of the land as defendant’s property for taxes. So that the question is, did title pass out of defendant into the city by that sale; if it did, the non-suit was-wrong; if not, it was right.
It did not pass from defendant to the city, among other reasons, because the land was not legally advertised, for sale, the first notice in the newspaper appearing on Sunday, and without that notice it was not long enough advertised. Sunday is diets non…
2Cases cited1 opinion
- Bass v. IrvinSupreme Court of Georgia · 1872
3Cited by21 opinions
- State ex rel. Hay v. AldersonMontana Supreme Court · 1914
- Gholston v. GholstonSupreme Court of Georgia · 1860
- Hayden v. MitchellSupreme Court of Georgia · 1898
- Conley v. RedwineSupreme Court of Georgia · 1900
- Stearns v. State Ex Rel. BiggersSupreme Court of Oklahoma · 1909
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