McWhorter v. Beavers
Supreme Court of Georgia
Assumpsit, &c. in Chattooga Superior Court. Tried before Judge Wright, October Term, 1849. This cause was submitted, in the Court below, upon the following agreed statement of facts— “A Ji. fa. in favor of James Bryson & Co. vs. Samuel Mc-Whorter, administrator of John M. Thompson, and others, was levied on a negro woman and child, as the property of Thompson, and sold at Sheriff’s sale, under this levy.
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Assumpsit, &c. in Chattooga Superior Court. Tried before Judge Wright, October Term, 1849. This cause was submitted, in the Court below, upon the following agreed statement of facts— “A Ji. fa. in favor of James Bryson & Co. vs. Samuel Mc-Whorter, administrator of John M. Thompson, and others, was levied on a negro woman and child, as the property of Thompson, and sold at Sheriff’s sale, under this levy. John F. Beavers became the purchaser, at the sum of $450; which sum of money was applied to the payment of the fi. fa. Samuel McWhorter was present when the negroes were sold. Afterwards,…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The only question presented by the record in this case is, whether, in a judicial sale, made by a Sheriff, of the property of a defendant in execution, there is any warranty of title to the property so sold, to the purchaser thereof? The property of a defendant in execution is seized by the Sheriff, by virtue of judicial process, against his will, and sold under the authority of the law.
*302There is no warranty of title to the purchaser, implied, on the part of the defendant in execution, or by the Sheriff. The maxim of caveat emptor applies to…
2Cited by9 opinions
- Pinkston v. HarrellSupreme Court of Georgia · 1898
- Milam v. AdamsSupreme Court of Georgia · 1960
- Lowe v. RawlinsSupreme Court of Georgia · 1889
- Brady v. SmothermanCourt of Appeals of Georgia · 1935
- Pittman Construction Co. v. City of MariettaSupreme Court of Georgia · 1933
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