Kingsbery v. Love
Supreme Court of Georgia
Complaint. Before Judge Van Epps. City court of Atlanta. May term, 1894. Under an order of the court of ordinary, the administrator of C. C. Greene advertised for sale at public outcry, “the following property of C. C. Greene deceased, to wit: One bond for title made by F. L. Achey to C. C. Greene, dated 21st day of September, 1881, which bond obligates the said F. L. Achey to convey to C. C. Greene, his heirs, executors, administrators or as.signs, all the right, title,…
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Complaint. Before Judge Van Epps. City court of Atlanta. May term, 1894. Under an order of the court of ordinary, the administrator of C. C. Greene advertised for sale at public outcry, “the following property of C. C. Greene deceased, to wit: One bond for title made by F. L. Achey to C. C. Greene, dated 21st day of September, 1881, which bond obligates the said F. L. Achey to convey to C. C. Greene, his heirs, executors, administrators or as.signs, all the right, title, interest, claim or demand which the said F. L. Achey has in and to the following described property, to wit:” The…
1Opinion of the Court
*544 Judgment reversed.
The special plea was as follows: On the day of and before tbe sale, the advertisement being ambiguous, defendant went to plaintiff and told him he desired to bid on the land and wanted to know exactly what was to be sold, because he did not want to buy land and then have to pay any more than his bid. The administrator informed him the land would be sold, and referred him to E. T. Dorsey, the attorney of the administrator, for information as to exactly what would be sold, who replied that in his judgment defendant ■would get the land free from lien. Said attorney referred…
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