Sabattie v. Baggs
Supreme Court of Georgia
Deeds. Sheriff. Execution. Evidence. Judgments. Before Judge Harris. Liberty Superior Court. November Term, 1875. This case was complaint for land. The title of the plaintiff rested on a sheriff’s deed made on a sale of the property in controversy for taxes.
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Deeds. Sheriff. Execution. Evidence. Judgments. Before Judge Harris. Liberty Superior Court. November Term, 1875. This case was complaint for land. The title of the plaintiff rested on a sheriff’s deed made on a sale of the property in controversy for taxes. When this instrument was offered in evidence, unaccompanied by the execution under which the sheriff acted, the defendant objected to its introduction upon the following grounds: 1st. Because the deed did not recite that the sheriff sold between the hours of 10 o’clock A. M., and 4 o’clock p. m. 2d. Because it did not show on its face…
1Opinion of the Court
Bleckley, Judge.
1. Whether section 893 of the Code was intended to free tax titles from any of the strictness of the prior law need not be considered. It certainly does not give them a higher status than belongs to a deed made by the sheriff under the judgment of a court, and such a deed, unsupported, is generally not admissible in evidence: Clark & Wilson vs. Trawick, Jannuary term, 1876.
2. The foregoing being a sufficient reason for excluding the deed, it is needless to inquire what recitals such a deed should contain, or what would be their effect. The judgment excepted to was right, no…
2Cited by4 opinions
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- Crittenden v. Southern Home Building & Loan Ass'nSupreme Court of Georgia · 1900
- Andrews v. WaldenSupreme Court of Georgia · 1951
- Lester v. JohnsonSupreme Court of Georgia · 1879