Smith v. Hudson
Supreme Court of Georgia
Landlord and tenant. Vendor’s lien. Equity practice. Before Judge Green. Henry Superior Court. April Term, 1871. Nancy Hudson averred that certain land was set apart to her as dower in her late husband’s estate, that his heirs relinquished to her their remainder interest in the land, and then, on the 4th of January, 1855, she sold said land to Smith at $1,000, of which he had paid her but $800 ; that Smith was of “questionable solvency;" and that she made him a deed to said…
Read the full summary
Landlord and tenant. Vendor’s lien. Equity practice. Before Judge Green. Henry Superior Court. April Term, 1871. Nancy Hudson averred that certain land was set apart to her as dower in her late husband’s estate, that his heirs relinquished to her their remainder interest in the land, and then, on the 4th of January, 1855, she sold said land to Smith at $1,000, of which he had paid her but $800 ; that Smith was of “questionable solvency;" and that she made him a deed to said land (and he remains in possession ever since) without taking security. And she prayed that the land be decreed subject…
1Opinion of the Court
McCay, Judge.
Nothing is better settled than that the vendee of land, with a warrantee of title, cannot plead a want of title in his vendor so long as he is undisturbed in the possession, unless he shows some good reason why his warranty will not protect him; and this for two good reasons: one, that however good *211the outstanding title may be, still, it may never be enforced; the other, that he has chosen his remedy by taking the warranty, and he must abide by his own choice.
We do not feel called upon to decide whether this outstanding title is paramount or not. The verdict is right under the…
2Cited by4 opinions
- Sanderlin v. WillisSupreme Court of Georgia · 1894
- Mallard v. AllredSupreme Court of Georgia · 1899
- Dunn v. MillsSupreme Court of Kansas · 1905
- Holcomb v. GarciaSupreme Court of Georgia · 1965