Heyward v. Finney
Supreme Court of Georgia
Injunction. Levy and sale. ' Bond for title. Before Judge Hillybr. Fulton Superior Court. April Term, 1879. Brumby sold certain real estate to Mrs. Finney for $2650.00 to be paid as follows: $50.00 cash, and the balance in five equal annual installments, bearing interest at twelve per cent per annum.
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Injunction. Levy and sale. ' Bond for title. Before Judge Hillybr. Fulton Superior Court. April Term, 1879. Brumby sold certain real estate to Mrs. Finney for $2650.00 to be paid as follows: $50.00 cash, and the balance in five equal annual installments, bearing interest at twelve per cent per annum. As apart of the consideration for the property, by way of purchase money, she further agreed to pay to Brumby the amount of the taxes, city, county and state, as well as insurance premiums. This was to be done in monthly installments to be covered by notes given annually. She failed to pay one of…
1Opinion of the Court
Bleckley, Justice.
The facts of this case bring it clearly within the principle of Upchurch vs. Lewis, 53 Ga., 621; and Neal vs. Murphy, 60 Ib., 388, has no application. There is entire harmony between these two adjudications, as any one can see who looks with attention enough to understand them. The vendor of realty who has given his bond to make titles, receiving a part of the purchase money, cannot sell the premises at judicial sale for the balance, nor even levy upon them therefor, without first executing a deed, filing it and having it recorded. Nor can he by transferring the judgment and…
2Cases cited2 opinions
- Scroggins v. HoadleySupreme Court of Georgia · 1876
- Upchurch v. LewisSupreme Court of Georgia · 1875
3Cited by3 opinions
- Winn v. Armour & Co.Supreme Court of Georgia · 1937
- Register v. Southern States Phosphate & Fertilizer Co.Supreme Court of Georgia · 1924
- Adams v. CauthenSupreme Court of Georgia · 1901