Ashmore v. Whatley
Supreme Court of Georgia
Levy land claim. Before Judge Griggs. Clay superior court. March, term, 1895. Tbe plaintiffs were materialmen, and as snob furnished Killingswortb witb materials to tbe amount of $70 for tbe improvement of bis dwelling, from January 16 to February 10, 1893. Tbey filed and bad recorded tbeir lien witbin thirty days of tbe latter named date; and foreclosed tbe same witbin twelve months. Upon tbe levy of tbeir ■execution, a claim was interposed by Whatley.
Read the full summary
Levy land claim. Before Judge Griggs. Clay superior court. March, term, 1895. Tbe plaintiffs were materialmen, and as snob furnished Killingswortb witb materials to tbe amount of $70 for tbe improvement of bis dwelling, from January 16 to February 10, 1893. Tbey filed and bad recorded tbeir lien witbin thirty days of tbe latter named date; and foreclosed tbe same witbin twelve months. Upon tbe levy of tbeir ■execution, a claim was interposed by Whatley. ELUingsworth conveyed tbe realty upon which tbe material was used, on February 18, 1893, to Adams, who conveyed tbe same on tbe same day to…
1Opinion of the CourtSimmons, C. J.
1. A bona fide 'purchaser 'of the absolute title of real estate who bought without notice of a materialman’s lien upon the same, which at the time of the purchase had been neither recorded nor foreclosed, took the property divested of such lien. 1 Jones, Liens, §1048; Thornton v. Carver, 80 Ga. 400, 401, and cases cited.
2. One who derived title from such innocent purchaser was also protected, although he may have had notice of the lien. This latter proposition is sustained in principle by the decisions of this court in Stamper v. Hayes, 25 Ga. 546; Douglass v. McCrackin, 52 Ga. 596; Dotterer…
2Cases cited4 opinions
- Dotterer v. PikeSupreme Court of Georgia · 1878
- Thornton v. CarverSupreme Court of Georgia · 1888
- Douglass v. McCrackinSupreme Court of Georgia · 1874
- Stamper v. HayesSupreme Court of Georgia · 1858
3Cited by11 opinions
- Oglethorpe Savings & Trust Co. v. MorganSupreme Court of Georgia · 1920
- Bennett Lumber Co. v. MartinSupreme Court of Georgia · 1909
- Caldwell v. Northwest Atlanta BankSupreme Court of Georgia · 1942
- Peavy v. DureSupreme Court of Georgia · 1908
- Bryant v. EllenburgCourt of Appeals of Georgia · 1962
6 more not listed; retrieve them via the Exa API.