Woods v. Schmitt

SCHULTZ, Justice.

In the present case, defeated litigants in an earlier action seek to recoup their losses. On December 12, 1974, plaintiffs Donald J. and Lola Jean Woods signed an offer to purchase a 285-acre Clayton county farm for $90,000. The offer was accepted and the Woods took possession. However, the vendors, Richard and Marguerite Schmitt, had previously sold the farm in 1971. Between the two sales Schmitts’ mortgage was foreclosed and I.T.T. Thorp purchased the property at the sheriff’s sale. Woods obtained title by a sheriff’s deed after the sheriff’s certificate of sale was…