Doe ex demise Garner v. Roe
Supreme Court of Georgia
Ejectment. Judgment lien. JBona fide purchaser.- Before Judge Parrot. Murray Superior Court. March Term, 1872. For the facts of this case, see the decision. 1st. Possession by purchaser for four years discharges from judgment lien: Code, section 3525; 39 Ga. R., 344; 42 Ga. R., 250. ' 2d. Equity will restrain sale pending appeal: 42 Ga. R., 255. 3d. Title prevented from accruing, how: 39 Ga.
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Ejectment. Judgment lien. JBona fide purchaser.- Before Judge Parrot. Murray Superior Court. March Term, 1872. For the facts of this case, see the decision. 1st. Possession by purchaser for four years discharges from judgment lien: Code, section 3525; 39 Ga. R., 344; 42 Ga. R., 250. ' 2d. Equity will restrain sale pending appeal: 42 Ga. R., 255. 3d. Title prevented from accruing, how: 39 Ga. R., 344. Pending appeal levy cannot be made: Code, sections 3511, 3572. Effect of judgment when appeal has been entered: 1 Ga. R., 92; 8 lb., 121; 18 lb., 467; 19 lb., 298. If the Court differs with me as…
1Opinion of the Court
Warner, Chief Justice.
This was an action of-ejectment brought by the plaintiff against the defendant, to recover the possession of a house and lot in the town of Spring Place, in the county of Murray. The following statement of facts were agreed on by the parties at the trial: “That one Randall was the owner of the premises in dispute from the year 1856; that he sold and conveyed the same to Garner, the plaintiff’s lessor, on the 24th day of April, 1863, who went into the possession thereof, and continued in possession, either by himself or tenants, up to the month of January, 1869; that,on…
2Cited by1 opinion
- Dodd & Co. v. GloverSupreme Court of Georgia · 1897