Mercer v. Sager
Supreme Court of Georgia
- Specific performance. Before Judge Cann. Chatham superior court. April ll, 1906. The second item of the will of Mary Houston, deceased, provided that her propertjr should be held in trust by her executor, who was directed, out of the rents, income, and profits, to educate and maintain the minor children of the testatrix, and to pay the necessary expenses of the estate.
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- Specific performance. Before Judge Cann. Chatham superior court. April ll, 1906. The second item of the will of Mary Houston, deceased, provided that her propertjr should be held in trust by her executor, who was directed, out of the rents, income, and profits, to educate and maintain the minor children of the testatrix, and to pay the necessary expenses of the estate. And said executor was further directed “to hold together the corpus of said estate until the youngest child shall arrive at the age of twenty-one years; and then in further trust to divide the said corpus of the trust estate…
1Opinion of the CourtBeck, J.
1. Where land was sold by an executrix under a valid decree or judgment of a court of competent jurisdiction, directing said executrix “to sell the said several tracts of land in the foregoing petition mentioned and described at public outcry,” and the same was duly advertised for four weeks before the sale, and regularly sold to the highest bidder, the purchaser at such sale took subject to the general rule of caveat emptor. Kirkland v. Wade, 61 Ga. 478; Colbert v. Moore, 64 Ga. 502; Wells v. Harper, 81 Ga. 194.
2. There being no misrepresentations or fraud by the executrix or any one…
2Cases cited3 opinions
- Colbert v. MooreSupreme Court of Georgia · 1880
- Kirkland v. WadeSupreme Court of Georgia · 1878
- Wells v. HarperSupreme Court of Georgia · 1888
3Cited by5 opinions
- Edenfield v. RountreeCourt of Appeals of Georgia · 1925
- Thrift Bros. v. BakerSupreme Court of Georgia · 1916
- Reese v. SpenceSupreme Court of Georgia · 1939
- McKinnon v. SheffieldSupreme Court of Georgia · 1919
- Moore v. Hartford Accident & Indemnity Co.Court of Appeals of Georgia · 1960