Morgan v. Battle

Lumpkin, Justice.

The sheriff of Warren county levied an execution against J. L. Battle, as administrator, upon a tract of land as the property of his intestate, and advertised the same for sale. Before the sale, Battle requested Morgan to buy the land for him, take the title in Morgan’s name, and hold the land for the use and benefit of Battle till he could pay for the same, to all of which Morgan assented. It does not appear to have been in contemplation of these parties that Morgan was to advance the money, and in point of fact it was never paid by him; but shortly after the sale, .an…