Barnes v. Mays
Supreme Court of Georgia
Administrator’s sale. Fraud. Evidence. Before Judge Wellborn. Hall superior court. July term, 1891. The suit was by Mays, administrator, against Barnes, alleging that the plaintiff’ put up certain land at administrator’s sale, and Barnes, Pierce and others colluded to cheat and defraud him, and did so; that Barnes and others found that Pierce had come to the sale with the intention of bidding for the land, with the money to pay for it, if he could purchase it for $1,000 or…
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Administrator’s sale. Fraud. Evidence. Before Judge Wellborn. Hall superior court. July term, 1891. The suit was by Mays, administrator, against Barnes, alleging that the plaintiff’ put up certain land at administrator’s sale, and Barnes, Pierce and others colluded to cheat and defraud him, and did so; that Barnes and others found that Pierce had come to the sale with the intention of bidding for the land, with the money to pay for it, if he could purchase it for $1,000 or $1,200; that Barnes, knowing the intention of Pierce to bid, went to Pierce and paid him $125 not to bid, in order that…
1Opinion of the Court
Bleckley, Chief Justice.
1. This seems as plain a case as could be presented to a court. The general morality of the law is higher than many good people suppose; is very much higher in the matter of guarding public sales of property against collusive combinations to suppress bidding. The standard it has in view is not merely conscience, but enlightened conscience. It condemns not only what the average man would regard as fraudulent, but what he ought to regard as contravening a sound public policy. No doubt many well-meaning persons, in their pursuit of gain, violate the law in this respect…
2Cases cited1 opinion
- Graham v. TheisSupreme Court of Georgia · 1873
3Cited by11 opinions
- Kiser Co. v. PadrickCourt of Appeals of Georgia · 1923
- Little v. Fleet FinanceCourt of Appeals of Georgia · 1997
- Georgia Baptist Orphans Home Inc. v. MoonSupreme Court of Georgia · 1941
- Dykes v. JonesSupreme Court of Georgia · 1907
- Stepp v. FARM AND HOME LIFE INS. CO.Court of Appeals of Georgia · 1996
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