Malsby & Co. v. Widincamp
Court of Appeals of Georgia
1Opinion of the CourtStephens, J.
1. The vendor’s warranty of title to personal property sold does not warrant the purchaser against loss sustained by virtue of a lien afterwards arising and asserted against the property. Smith v. Williams, 117 Ga. 782 (45 S. E. 394, 97 Am. St. R. 220); Houser v. Cooper, 102 Ga. 823 (30 S. E. 539).
2. But as to any lien against the property which may have arisen prior to the sale, the vendor’s warranty of title protects the purchaser.
3. A vendor’s title acquired by purchase from another is subject to any laborer’s lien upon the property at the time of purchase of which he had notice or which…
2Cases cited5 opinions
- Smith v. WilliamsSupreme Court of Georgia · 1903
- McArthor v. OgletreeCourt of Appeals of Georgia · 1908
- Malsby & Co. v. WidincampCourt of Appeals of Georgia · 1920
- Houser v. CooperSupreme Court of Georgia · 1898
- Malsby & Co. v. WidincampSupreme Court of Georgia · 1915
3Cited by1 opinion
- Midwest Commerce Banking Co. v. Stookey Holsteins, Inc. (In Re Stookey Holsteins, Inc.)United States Bankruptcy Court, N.D. Indiana · 1990