McLennan v. Graham
Supreme Court of Georgia
Equitable petition. Before Judge Smith. Telfair superior-court. March 19, 1898. Aaron Graham, administrator of Mitchell Guerry, sold certain land at administrator’s sale as the property of the estate.of his intestate, and executed' a conveyance of the same to the purchaser, Samuel Graham, on February 7, 1893. On or about.
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Equitable petition. Before Judge Smith. Telfair superior-court. March 19, 1898. Aaron Graham, administrator of Mitchell Guerry, sold certain land at administrator’s sale as the property of the estate.of his intestate, and executed' a conveyance of the same to the purchaser, Samuel Graham, on February 7, 1893. On or about. February 1, 1895, the land was levied on as the property of Aaron Graham individually, under executions against him in. favor of McLennan, and a claim was interposed by Samuel Graham. The claimant withdrew this claim on April 17, 1895,, but subsequently filed another claim,…
1Opinion of the CourtCobb, J.
It appears from the record that the present case was tried as one in which both plaintiff and defendant derived title from a common grantor, who was the person who had conveyed the property to Mitchell Guerry. Without holding fhat this was the correct theory of the case, we deal with it'as presented. From this point the plaintiff’s chain of title consists of a deed from Aaron Graham, as administrator of Mitchell Guerry, to Samuel Graham, and a deed from Samuel Graham to William Graham, the plaintiff in the present case. The defendant relies upon a deed founded upon a sheriff’s sale of the…
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