Legal Opinion

Garlington v. Fletcher

Supreme Court of Georgia

Decided August 8, 1900PublishedCited by 5 opinions

Equitable petition. Before Judge Hart. Henry superior' court. December term, 1899.

1Opinion of the CourtFish, J.

1. Judgments are conclusive between parties and their privies, as-to all matters put in issue, or which under the rules of law might have been put in issue, in the cause wherein the judgment was rendered. Civil Code, §3742.

2. As a'purehaser at sheriff’s sale is the privy of the plaintiff in execution, a judgment in a claim case wherein the property has been found subject-to the execution levied thereon estops the claimant from setting up title-to the same in an action subsequently brought against him for its recovery by one who purchased it at sheriff’s sale under the execution. Cosnahan v.…

2Cases cited1 opinion

  1. Cosnahan v. JohnstonSupreme Court of Georgia · 1899

3Cited by5 opinions

  1. Walden v. WaldenSupreme Court of Georgia · 1907
  2. Haynes v. Armour Fertilizer WorksSupreme Court of Georgia · 1917
  3. Hollinshead v. WoodardSupreme Court of Georgia · 1907
  4. Exchange National Bank v. CovingtonSupreme Court of Georgia · 1925
  5. Carrollton Bank v. WagerSupreme Court of Georgia · 1929

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