Kirkland v. Wade
Supreme Court of Georgia
Administrators and executors. Sales. Rescisión. Before Judge Kiddoo. Miller Superior Court. April Term, 1878. Wade, as guardian of the heirs of Stafford, brought complaint against Kirkland, on a note dated May 9th, 1873, due by January 1st thereafter, for $1,492.00. ITe also commenced proceedings to foreclose a mortgage given to secure the payment of the note. The two cases were, by consent, tried together.
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Administrators and executors. Sales. Rescisión. Before Judge Kiddoo. Miller Superior Court. April Term, 1878. Wade, as guardian of the heirs of Stafford, brought complaint against Kirkland, on a note dated May 9th, 1873, due by January 1st thereafter, for $1,492.00. ITe also commenced proceedings to foreclose a mortgage given to secure the payment of the note. The two cases were, by consent, tried together. The defendant pleaded that the note was given for lands purchased from Wade, as administrator of the estate of Stafford, the title to which the latter represented to be perfect ; that the…
1Opinion of the Court
Bleckley, Justice.
'The ease, though it has many sprangles in the record, has a solid nucleus which controls it. The purchase was of wild land sold by an administrator -at private sale, under an order of the court of ordinary. There was no fraud or misrepresentation in that sale. To the purchaser, the maxim of omeat ernptor applied. He incurred a debt for the agreed purchase money, whether the intestate ever had a title to the land or not. That debt he afterwards, on receiving a conveyance from the administrator, secured by a mortgage upon the land. It was then, if ever, that the administrator…
2Cited by6 opinions
- Edenfield v. RountreeCourt of Appeals of Georgia · 1925
- Hinton v. Mack Purchasing Co.Court of Appeals of Georgia · 1930
- Mercer v. SagerSupreme Court of Georgia · 1907
- Moore v. Hartford Accident & Indemnity Co.Court of Appeals of Georgia · 1960
- State of Ga. v. GoolsbyCourt of Appeals of Georgia · 1989
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