Paxson v. Bailey
Supreme Court of Georgia
Ejectment, in Gordon Superior Court. Decision by Judge Trippe, March Term, 1855. This was ejectment, brought by Paxson against Railey, to which Park was made co-defendant. The plaintiff produced a bond for titles to the land in dispute, dated in 1887, to the plaintiff, Paxson, together with W. J. Howell and J. Day, conditioned to make titles thereto, when the purchase money should be paid.
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Ejectment, in Gordon Superior Court. Decision by Judge Trippe, March Term, 1855. This was ejectment, brought by Paxson against Railey, to which Park was made co-defendant. The plaintiff produced a bond for titles to the land in dispute, dated in 1887, to the plaintiff, Paxson, together with W. J. Howell and J. Day, conditioned to make titles thereto, when the purchase money should be paid. Paxson was shown to have held possession by his tenants from 1837 to 1848, but there was no proof of payment of the purchase money. When the plaintiff had closed his case, the Court, on motion, entered a…
1Opinion of the Court
By the Court.
Lumpicin, J.
delivering the opinion.
[1.] We see nothing in the facts of this case to take it out of the rule laid down by this Court in Stamper et al. vs. Griffin, (12 Ga. Rep. 450) namely: that a vendee entering into the possession of land, under a bond for titles, to be executed at a time stipulated, does not hold adversely against the vendor, until the purchase money is paid. In such case, the possession of the vendee is not only consistent with the title of the vendor, but the very bond which was produced on the trial by the occupier, distinctly acknowledges the vendor’s title.
2Cases cited1 opinion
- Stamper v. GriffinSupreme Court of Georgia · 1853
3Cited by11 opinions
- Hart v. BostwickSupreme Court of Florida · 1872
- Durham v. HolemanSupreme Court of Georgia · 1860
- Neal v. NelsonSupreme Court of North Carolina · 1895
- Gauker v. EubanksSupreme Court of Georgia · 1973
- Thompson v. FoutsSupreme Court of Georgia · 1948
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