Legal Opinion

DeVaughn v. Griffith

Supreme Court of Georgia

Decided January 15, 1920No. 1405PublishedCited by 11 opinions

Complaint for land. Before Judge Irwin. Douglas superior court. May 6, 1919.

1Opinion of the CourtFish, C. J.

1. The duty of an attorney at law of an administrator conducting a public sale of his intestate’s realty, to cause the property to be sold to the best advantage of the estate, conflicts with the attorney’s personal interest as a purchaser, and on grounds of public policy, if such attorney purchases the property for himself, the sale will bo voidable, and may be set aside in a court of equity upon motion of the heirs at law of the intestate, who do not ratify the sale, but move to set it aside within a reasonable time. See Civil Code, § 4022; Bond v. Watson, 22 Ga. 637; Reed v. Aubrey, 91 Ga.…

2Cases cited5 opinions

  1. Lowery v. IdlesonSupreme Court of Georgia · 1903
  2. Reed v. AubreySupreme Court of Georgia · 1893
  3. Broadhurst v. HillSupreme Court of Georgia · 1912
  4. Bond v. WatsonSupreme Court of Georgia · 1857
  5. Fairburn Banking Co. v. SummerlinSupreme Court of Georgia · 1915

3Cited by11 opinions

  1. Georgia Baptist Orphans Home Inc. v. MoonSupreme Court of Georgia · 1941
  2. Wellborn v. JohnsonSupreme Court of Georgia · 1948
  3. Isom v. NuttingSupreme Court of Georgia · 1922
  4. People the State of Colorado v. Ohio Casualty Insurance CompanyCourt of Appeals for the Tenth Circuit · 1956
  5. Byrd v. VanceSupreme Court of Georgia · 1924

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