Lessee of Garlick v. Robinson
Supreme Court of Georgia
Ejectment, in Floyd Superior Court. Tried before Judge John H. Lumpkin. August Term, 1852. This was an action of ejectment, brought by the lessee of Edgar Garlick, against John Robinson. The defendant claimed under a Sheriff’s deed.
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Ejectment, in Floyd Superior Court. Tried before Judge John H. Lumpkin. August Term, 1852. This was an action of ejectment, brought by the lessee of Edgar Garlick, against John Robinson. The defendant claimed under a Sheriff’s deed. The whole case turned upon the single question, whether a Sheriff can levy on, and sell a tract of land before the grant issues to the defendant in fi. fa., and upon the issuing of the grant subsequent to the sale, whether the purchaser has a valid title. The Court held that the title of the purchaser was legal and valid, and this decision is assigned as error.
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The sole question made in this case is, whether at the sale of the land under execution, as the property of the defendant in y?, fa, the grant not having then issued, the purchaser acquired a title.
Our opinion is that he did not, because the defendant in execution had no interest in the land which was subject: to levy and sale.
All the interest he had in it, was the equitable right to acquire a title by paying the grant fees and taking a grant. That was *341not done at the time of the sale. The State had not at that time parted with the title. She…
2Cited by2 opinions
- Doe ex dem. Henderson v. RoeSupreme Court of Georgia · 1857
- Bank of Cumming v. WaldripSupreme Court of Georgia · 1921