Milam v. Adams

I dissent from the judgment and decision of this court affirming the judgment of the trial court and holding that the general demurrer to the petition was properly overruled. The Supreme Court, and this court, have in a line of decisions going back to the case of McWhorter v. Beavers, 8 Ga. 300, held that where property is sold by a sheriff pursuant to the levy of an execution, there is no warranty of title on the part of the sheriff or of the defendant in execution. In such cases, the maxim of caveat emptor applies as to the purchaser of the property, and after the money has been paid to the…