Legal Opinion

Malsby & Co. v. Widincamp

Court of Appeals of Georgia

Decided February 7, 1920No. 10543PublishedCited by 13 opinions

Complaint; from Tattnall superior court—Judge Sheppard. March 22, 1919.

1Opinion of the CourtStephens, J.

1. A vendor of personal property impliedly warrants the title thereto, and a bona fide purchaser thereof for value, without notice of any-infirmity in the vendor’s title, will be protected against loss on account of the same.

2. “If one with notice sell to one without notice, the latter is protected; or if one without notice sells to one with notice, the latter is protected, as otherwise a bona fide purchaser might be deprived of selling his property for full value.” Civil Code (1910), § 4535.

3. Where, in a suit against the purchaser of personal property, instituted by a third party for the…

2Cases cited1 opinion

  1. Georgia Railway & Electric Co. v. Wallace & Co.Supreme Court of Georgia · 1905

3Cited by13 opinions

  1. Bender v. Hill Bros.Court of Appeals of Georgia · 1923
  2. Jones v. BrownCourt of Appeals of Georgia · 1963
  3. Arnold v. ConnerCourt of Appeals of Georgia · 1959
  4. SOUTHERN DISCOUNT COMPANY v. ElliottCourt of Appeals of Georgia · 1952
  5. Padgett v. CollinsCourt of Appeals of Georgia · 1954

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