Lightfoot v. Brower
Supreme Court of Georgia
Ejectment. Before Joseph E. Pottle, judge pro hac vice. Greene superior court. January 20, 1909. In 1903 Anne E. Brower and her husband, L. W. Brower, contracted to sell to Lightfoot and others a tract of land in Greene county.
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Ejectment. Before Joseph E. Pottle, judge pro hac vice. Greene superior court. January 20, 1909. In 1903 Anne E. Brower and her husband, L. W. Brower, contracted to sell to Lightfoot and others a tract of land in Greene county. The vendees agreed to pay $900 for the land, $100 cash, and the balance in successive annual instalments; and the vendors agreed that upon receipt of the last instalment of the purchase-money they would execute to the vendees “good and sufficient deeds with covenants of warranty of title.” The contract further provided : “The parties of the second part [the vendees]…
1Opinion of the CourtEvans, P. J.
At the close of the plaintiffs’ evidence the defendant moved for a nonsuit on the ground that it appeared from the deed upon which the plaintiffs relied to show title that they did not have a fee-simple title, but only a conditional life-estate in Anna E. Brower. The trial judge overruled the motion, and the defendant excepted. There was no error in overruling the motion. The defendant, as vendee in a contract of purchase, could not set up, as a defense to an action by the vendors to recover the possession of the land, that the latter had no title. It was not an issuable defense. Hill v.…
2Cases cited4 opinions
- Ray v. Home & Foreign Investment & Agency Co.Supreme Court of Georgia · 1899
- Vizard v. MoodySupreme Court of Georgia · 1902
- Markham v. HuffSupreme Court of Georgia · 1884
- Hill v. WinnSupreme Court of Georgia · 1878
3Cited by10 opinions
- Southeastern Land Fund, Inc. v. Real Estate World, Inc.Supreme Court of Georgia · 1976
- May v. SorrellSupreme Court of Georgia · 1922
- Bank of Commerce v. KnowlesCourt of Appeals of Georgia · 1921
- Hall v. Dallas Joint-Stock Land Bank of DallasCourt of Appeals of Texas · 1936
- Walter L. Tally, Inc. v. CouncilCourt of Appeals of Georgia · 1964
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