Bigelow v. Smith
Supreme Court of Georgia
Application by purchaser to be put into possession of land bought at Sheriff’s sale, in Polk Superior Court. Decision by Judge Hammond, at October Term, 1856. Continued at the March Term of this Court This was a motion for an order from the Court directing and requiring the present Sheriff of Polk county, to put the movant, Benjamin F. Bigelow, into possession of a lot of land which he had purchased at Sheriff’s sale.
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Application by purchaser to be put into possession of land bought at Sheriff’s sale, in Polk Superior Court. Decision by Judge Hammond, at October Term, 1856. Continued at the March Term of this Court This was a motion for an order from the Court directing and requiring the present Sheriff of Polk county, to put the movant, Benjamin F. Bigelow, into possession of a lot of land which he had purchased at Sheriff’s sale. The land was sold by the then Deputy Sheriff of said county, on the first Tuesday in April, 1854, under a fi. fa. issued from a Justice’s Court, at the suit of D. N. Crayton vs.…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
The Act of 1823, Cobb 512, provides that, “when any Sheriff or Coroner shall sell any real estate by virtue of, or under the authority of any execution, it shall be the duty of such Sheriff or Constable, (as the case may be,) upon application, to put the purchaser, his or her agent, or attorney, in possession of the real estate sold; Provided, That this Act shall not authorize the officer making the sale, to turn out any other person than the defendant in execution, his heirs, or their tenants; if such other person were in possession at the…
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