Sparger v. Cumpton
Supreme Court of Georgia
Homestead. Purchase money. Before Judge Underwood. "Walker Superior Court. August Adjourned Term, 1874. On April 29th, 1874, an execution in favor of Cumpton against one Harvey R. Sparger and J. M. Bond, indorser, for $400 00 principal, besides interest and cost, based on a judgment rendered at the April term, 1874, of Walker superior court, was levied upon certain lands as the property of said Sparger. A claim was filed by Mary A. Sparger, the wife of the defendant.
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Homestead. Purchase money. Before Judge Underwood. "Walker Superior Court. August Adjourned Term, 1874. On April 29th, 1874, an execution in favor of Cumpton against one Harvey R. Sparger and J. M. Bond, indorser, for $400 00 principal, besides interest and cost, based on a judgment rendered at the April term, 1874, of Walker superior court, was levied upon certain lands as the property of said Sparger. A claim was filed by Mary A. Sparger, the wife of the defendant. Upon the trial of the issue thus formed, the following facts appeared: J. M. Bond sold the property in controversy to one James…
1Opinion of the Court
McCay, Judge.
1. On a careful examination of the facts of this case, (and they are rather complicated,) it will be found ihat the amount the plaintiff’s husband agreed to pay on the settlement of the litigation was, in deed and in truth, the amount still due to the defendant in the bill for the purchase money of the land. At any rate, Sparger, though he had paid his vendor, was still bound before he could, get the title to pay what his vendor was still owing for his purchase money. This amount was the amount of the notes given to the plaintiff in this judgment, who, though not the vendor of…
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