Rosser v. Cheney
Supreme Court of Georgia
Ejectment. Deeds. Notice. Yendor and purchaser. Before Judge Hall. Rockdale Superior Court. April Term, 1878. The ejectment suit of Cheney vs. Rogers, reported in 54 Ga., 168, was enjoined by a bill filed by Rosser, under whom Rogers held. The two cases were tried together, and resulted in a verdict for the defendant in ejectment. Mrs. Cheney moved for a new trial. The motion was sustained and Rosser excepted.
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Ejectment. Deeds. Notice. Yendor and purchaser. Before Judge Hall. Rockdale Superior Court. April Term, 1878. The ejectment suit of Cheney vs. Rogers, reported in 54 Ga., 168, was enjoined by a bill filed by Rosser, under whom Rogers held. The two cases were tried together, and resulted in a verdict for the defendant in ejectment. Mrs. Cheney moved for a new trial. The motion was sustained and Rosser excepted. It is only necessary to state that the court excluded all testimony tending to show .that those holding under Mrs. Cheney purchased without notice, that the land in controversy…
1Opinion of the Court
Bleckley, Justice.
1. The ruling made in 54 Ga., 168, in a branch of this same litigation, must, if steadily kept in view and pursued to its consequences, control the result in favor of the beneficiaries of the homestead. According to that ruling, the-first purchaser and those claiming under him, stand charged in law with notice of the recitals in the deed from Eussell to Cheney and wife. That deed forms a link in the chain of their title, and this court has held that its recitals affect them, whether they examined it or not. They might and ought to have examined it, and are in the same…
2Cases cited1 opinion
- Cheney v. RodgersSupreme Court of Georgia · 1875
3Cited by5 opinions
- Feingold v. McDonald Mortgage & Realty Co.Supreme Court of Georgia · 1928
- Harper v. DurdenSupreme Court of Georgia · 1933
- Austell Bank v. National Bondholders Corp.Supreme Court of Georgia · 1939
- Rosser v. CheneySupreme Court of Georgia · 1880
- Paulk v. DormineySupreme Court of Georgia · 1923