Carroll v. Turner
Supreme Court of Georgia
Mortgage. Estoppel. Title. Before Judge Hall. Rock-dale Superior Court. February Term, 1874. This case arose upon the levy of a mortgage fi. fa. in favor of Turner against James H. Carroll and Elizabeth Carroll on certain land, and a claim filed thereto by Jesse W. Carroll.
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Mortgage. Estoppel. Title. Before Judge Hall. Rock-dale Superior Court. February Term, 1874. This case arose upon the levy of a mortgage fi. fa. in favor of Turner against James H. Carroll and Elizabeth Carroll on certain land, and a claim filed thereto by Jesse W. Carroll. Upon the trial it was undisputed that the title to the property was in the claimant, but it was asserted that he was estopped from setting up such title on account of having been present at the execution of the mortgage. The evidence showed that claimant, prior to the execution of the mortgage, had agreed to sell to James…
1Opinion of the Court
McCay, Judge.
The whole of the doctrine as to the effect of one man’s standing. by and seeing another make title, or give a mortgage on his, the bystander’s, land, turns on the idea of fraud, deception. He, the bystander, is estopped, because it would be a fraud on the grantee for him to set up his legal rights under the circumstances. Rut in this case the grantee got full notice of the right of the claimant, at least so far as that he still held the title, and had not been paid the purchase money. So far as this interest is concerned the fraud, if any, seems to have been in the other, for,…
2Cited by3 opinions
- United States Fidelity & Guaranty Co. v. RidgleyNebraska Supreme Court · 1903
- Dunson v. HarrisCourt of Appeals of Georgia · 1932
- Federal Intermediate Credit Bank v. SherrodCourt of Appeals of Georgia · 1935