White v. Reviere
Supreme Court of Georgia
Administrators and executors. Vendor and purchaser. Lien. Auditor. Practice in the Superior Court. Before Judge Wright. • Upson Superior Court.
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Administrators and executors. Vendor and purchaser. Lien. Auditor. Practice in the Superior Court. Before Judge Wright. • Upson Superior Court. November adjourned Term, 1875. Francis Reviere, as administrator of Thomas W. Reviere, deceased, filed his bill against James F. White, to enforce the vendor’s lien as against certain land sold to defendant on or about the 2d of October, 1860. Three notes were given for the purchase money, two for $1,200 00 each, due respectively on December 25th, 1861, and December 25th, 1862, and one for $1,210 00, due December 25th, 1863. The defendant demurred to…
1Opinion of the Court
Bleckley, Judge.
In this state, when an administrator sells land upon credit, he may or may not take security for the purchase money. Failing to fake security, he acts at his peril; but this ought not to put him in a worse condition than other vendors. His equity against the purchaser is as strong as theirs. With the purchase money unpaid, the purchaser from an administrator has no better right to hold the land exempt from the claim for such money, than has any other purchaser. We do not see that the administrator’s equity is the least weakened by the fact that he has title to land only for…
2Cited by4 opinions
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- First State Bank v. AveraSupreme Court of Georgia · 1905
- Perseverance Mining Co. v. BisanerSupreme Court of Georgia · 1891
- Woodruff v. MutschlerNew Jersey Court of Chancery · 1881