Phipps v. Wright

ON MOTION FOR REHEARING.

Jenkins, P. J.

Counsel for plaintiff in error contend that in rendering its decision this court must have overlooked the principles laid down in Cade v. Burton, 35 Ga. 280; Knox v. Yow, 91 Ga. 367 (17 S. E. 654); McWhorter v. Cheney, 121 Ga. 547 (49 S. E. 603); Pollard v. Tait, 38 Ga. 439. In the Cade case, supra, the Supreme Court held: “If one makes a sale of land by deed without warrantjq but representing it to be his own, and afterwards convey the same land to a bona fide purchaser without notice, the period of limitations applicable to an action against him for the…