Herndon v. Doe ex dem. Kimball
Supreme Court of Georgia
Ejectment, in Chattooga Superior Court. Tried before Judge Wright, April Term, 1849. On the trial of this cause, the plaintiff in ejectment claimed title through a deed made by the grantor, John Kimball, to George Swain, in the State of Alabama, and County of Jackson, and witnessed by Jackson Kimball, and Joseph Murphy, J. P. which deed, without farther probate, was admitted to record in the Clerk’s office in Walker County, in which the land was then included.
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Ejectment, in Chattooga Superior Court. Tried before Judge Wright, April Term, 1849. On the trial of this cause, the plaintiff in ejectment claimed title through a deed made by the grantor, John Kimball, to George Swain, in the State of Alabama, and County of Jackson, and witnessed by Jackson Kimball, and Joseph Murphy, J. P. which deed, without farther probate, was admitted to record in the Clerk’s office in Walker County, in which the land was then included. The Court charged the Jury, that this was constructive notice to subsequent purchasers, and this decision is alleged to be erroneous.…
1Opinion of the Court
By the Court. —
Warner, J.
delivering the opinion.
Two questions are made by the record in this case. First, *433whether the registry of a deed, under the Registry Acts of this State, defectively proved or acknowledged, is constructive notice to subsequent purchasers?
Second, where a purchaser at Sheriff’s sale, who by fraudulent representations, purchases land at a mere nominal price, and afterwards sells it to a bona fide purchaser, without notice of the fraud, whether such bona fide purchaser will be protected in' his purchase against the fraud of the first purchaser at Sheriff’s sale ?
[1.] The…
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