Milam v. Adams

Mobley, Justice.

It is well settled not only by decisions of this court, beginning with Worthy v. Johnson, 8 Ga. 236 (52 Am. Dec. 399), and McWhorter v. Beavers, 8 Ga. 300, and followed in Methvin v. Bexly, 18 Ga. 551, Colbert v. Moore, 64 Ga. 502, and Lowe v. Rawlins, 83 Ga. 320 (10 S. E. 204, 6 L. R. A. 73), but by statute (Code §§ 39-1307, 39-1311) that caveat emptor applies to judicial sales.

Code § 39-1307 provides: “The purchaser shall look for himself as to the title and soundness of all property sold under judicial process. Actual fraud or misrepresentation by the officer or his agent…