Brunson v. Grant
Supreme Court of Georgia
Sheriff’s sale. Bond for title. Lien. Execution. Before Judge Johnson. Muscogee Superior Court. May Term, 1872. T. W. Brunson filed his bill against John J. Grant and S. C. Lindsay, making the following case: On June 5th, 1869, Grant sold to complainant a certain tract of land in Muscogee county for $2,500 00, complainant paying $1,500 00 in cash, and giving two notes for $500 00 each, the first payable on September 1st, 1870, and the second *on November 1st, following,…
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Sheriff’s sale. Bond for title. Lien. Execution. Before Judge Johnson. Muscogee Superior Court. May Term, 1872. T. W. Brunson filed his bill against John J. Grant and S. C. Lindsay, making the following case: On June 5th, 1869, Grant sold to complainant a certain tract of land in Muscogee county for $2,500 00, complainant paying $1,500 00 in cash, and giving two notes for $500 00 each, the first payable on September 1st, 1870, and the second *on November 1st, following, Grant executing to complainant his bond, conditioned to make him a valid title to said property, on the payment of the…
1Opinion of the Court
*Trippe, Judge.
1. In Parks vs. Bailey, 22 Georgia, 116, which is just-such a case as this, except that there the vendor was the purchaser, it was held that such a sale was illegal and void. That was under the Act of 1847, which is identical so far as it applies to this case, as section 3604 of the Code. In that case the Court say: “We are not disposed to weaken by construction'this salutary law. By having the deed to the defendant made and recorded before the levy could be made, thirty days, at least, must elapse before a sale could be effected; and that purchasers would be inspired with…
2Cited by1 opinion
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