Legal Opinion

Kouros v. Sewell

Supreme Court of Georgia

Decided September 8, 1969No. 25293, 25294PublishedCited by 9 opinions

1Opinion of the Court

Nichols, Justice.

The general rule is that a bona fide purchaser for value at a judicial sale will be protected although the grantee in a security deed is guilty of fraud and responsible to the grantor for whatever damages he has suffered because of such fraud. See Garrett v. Crawford, 128 Ga. 519 (57 SE 792, 119 ASR 398, 11 AC 167); Mathis v. Blanks, 212 Ga. 226 (4) (91 SE2d 509). And, as has been frequently held: “Inadequacy of price at a public sale under power will not of itself be a sufficient ground to set aside a sale; yet when it is grossly inadequate and is connected with fraud,…

2Cases cited4 opinions

  1. Garrett v. CrawfordSupreme Court of Georgia · 1907
  2. Smith v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1901
  3. Mathis v. BlanksSupreme Court of Georgia · 1956
  4. Croft v. SorrellSupreme Court of Georgia · 1921

3Cited by9 opinions

  1. Eva Mae Roberts, on Behalf of Herself and All Others Similarly Situated v. Cameron-Brown Company and Federal National Mortgage AssociationCourt of Appeals for the Fifth Circuit · 1977
  2. Brock v. Yale Mortgage Corp.Supreme Court of Georgia · 2010
  3. Coffey Enterprises Realty & Development Co. v. HolmesSupreme Court of Georgia · 1975
  4. Ricks v. United StatesDistrict Court, S.D. Georgia · 1976
  5. Bonner v. Norwest Bank Minnesota, N.A.Supreme Court of Georgia · 2002

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