Legal Opinion

Clark v. RYALS INSURANCE AGENCY

Court of Appeals of Georgia

Decided June 9, 1959No. 37711PublishedCited by 2 opinions

1Opinion of the Court

Townsend, Judge.

1. The owner of real property who with knowledge of all the facts elects to pay off a lien urged against such property from the proceeds of a sale thereof in order to- comply with the demand of the purchaser that good and marketable title be, furnished cannot thereafter sue to recover the money so paid on the ground that no valid lien in fact existed and he was forced to make payment in order to consummate the sale., since, if such were the state of facts, the payment would be presumed to be a voluntary payment. Stein Steel & Supply Co. v. K. & L. Enterprises, 97 Ga. App. 71…

2Cases cited8 opinions

  1. Atlanta Suburban Land Corp. v. AustinSupreme Court of Georgia · 1905
  2. Stein Steel & Supply Co. v. K. & L. Enterprises, Inc.Court of Appeals of Georgia · 1958
  3. Lewis v. HowellSupreme Court of Georgia · 1896
  4. Lunsford v. KerseySupreme Court of Georgia · 1941
  5. Thornton v. Lemon, McMillan & Co.Supreme Court of Georgia · 1901

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3Cited by2 opinions

  1. Rae v. RosenbergNew York Supreme Court · 1971
  2. Crawford v. Gulf States Mortgage Co.Court of Appeals of Georgia · 1980

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