Southern Cotton Mills v. Ragan
Supreme Court of Georgia
Equitable petition. Before Judge Martin. Pulaski superior court. July 19, 1911. In a case of the. Planters Bank, trustee etc., v. Hawkinsville Cotton Mill, a corporation, Ragan and Lovejoy were appointed receivers for the manufacturing plant of the Hawkinsville Cotton Mill. The Southern Cotton Mills, a corporation, brought its petition against such receivers.
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Equitable petition. Before Judge Martin. Pulaski superior court. July 19, 1911. In a case of the. Planters Bank, trustee etc., v. Hawkinsville Cotton Mill, a corporation, Ragan and Lovejoy were appointed receivers for the manufacturing plant of the Hawkinsville Cotton Mill. The Southern Cotton Mills, a corporation, brought its petition against such receivers. The substance of the petition, so far as is here material, is as follows: “3. That in connection with the said Hawkinsville Cotton Mill corporation, and attached thereto, was an electric plant of thé value of $12,000 or more, consisting…
1Opinion of the CourtAtkinson, J.
A sale by a receiver appointed by a court is a typical judicial sale, and the maxim caveat emptor applies to such a sale. The purchaser must look for himself as to the title and soundness of the property sold. Civil Code, § 6054; Campbell v. Parker, 59 N. J. Eq. 342 (45 Atl. 116). Such sales are by the court, and there is no' one to go back on if the buyer takes nothing. Fraud will vitiate such a sale.; and where it is made to appear, it will authorize the court to set it aside. Folsom v. Howell, 94 Ga. 112 (21 S. E. 136). But in the petition under consideration no fraud or misrepresentation…
2Cases cited3 opinions
- Folsom v. HowellSupreme Court of Georgia · 1894
- Wylly v. GazanSupreme Court of Georgia · 1883
- Campbell v. ParkerNew Jersey Court of Chancery · 1900
3Cited by9 opinions
- Hurt Building Inc. v. Atlanta Trust Co.Supreme Court of Georgia · 1935
- Chapman v. Guaranty State BankTexas Commission of Appeals · 1924
- Poole v. McEntireSupreme Court of Georgia · 1953
- Whitaker v. Trust Co.Court of Appeals of Georgia · 1983
- Edenfield v. RountreeCourt of Appeals of Georgia · 1925
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