McCandless v. Inland Acid Co.
Supreme Court of Georgia
Equitable petition. Before Judge Janes. Haralson superior court. January term, 1899. This was a suit to recover the mineral interests in certain land, and for other relief, based upon a deed to the plaintiff from one Singleton, dated January 9, 1895, and recorded July 9, 1897. Defendants relied upon a deed to the property in question from the sheriff to one of them, dated and recorded on March 21, 1896, and made in pursuance of a sale under executions issued upon judgments…
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Equitable petition. Before Judge Janes. Haralson superior court. January term, 1899. This was a suit to recover the mineral interests in certain land, and for other relief, based upon a deed to the plaintiff from one Singleton, dated January 9, 1895, and recorded July 9, 1897. Defendants relied upon a deed to the property in question from the sheriff to one of them, dated and recorded on March 21, 1896, and made in pursuance of a sale under executions issued upon judgments against Singleton, rendered January 22, 1896. At the trial there was evidence that the purchaser at the sheriff’s sale…
1Opinion of the CourtLumpkin, P. J.
This case turns upon the legal proposition announced in theheadnote. His honor, the trial judge, entertained a view contrary to what is therein laid down. The question involved is not an open one in this State. In Ellis v. Smith, 10 Ga. 253, this court held that: “A purchaser at sheriff’s sale, who has his deed first recorded, will gain the same preference over an unrecorded deed as if he had bought directly from the debtor himself.” The doctrine there announced was, in Tucker v. Harris, 13 Ga. 1, applied to the case of a purchaser at administrator’s sale, and it was held that, as he placed…
2Cases cited4 opinions
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Donovan v. SimmonsSupreme Court of Georgia · 1895
- Ellis v. Doe ex dem. SmithSupreme Court of Georgia · 1851
- Webb v. Doe ex dem. WilcherSupreme Court of Georgia · 1863
3Cited by9 opinions
- Aycock v. WilliamsSupreme Court of Georgia · 1938
- Wadley Lumber Co. v. LottSupreme Court of Georgia · 1908
- McCandless v. Inland Acid Co.Supreme Court of Georgia · 1902
- Equitable Loan & Security Co. v. LewmanSupreme Court of Georgia · 1905
- Hines v. LavantSupreme Court of Georgia · 1924
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