Rodgers v. Elder

J. G. Elder et al. brought their equitable petition in Wilcox superior court, against W. A. Rodgers et al., the plaintiffs in error. The petition made substantially the following case. On the 31st of March, 1891, the petitioners purchased of E. J. Jackson certain lots of land, including the property in dispute. Ham, Adams & Co. brought suit against the vendor, E. J. Jackson, and obtained a judgment for $50.76, on which execution issued February 28, 1891. This execution was never entered on the general execution docket. Petitioners had no notice, at the time they made the purchase of Jackson,…