Brown v. Farmer
Supreme Court of Georgia
Equitable petitiou. Before Judge McWhorter. Taliaferro superior court. August term, 1893. Five promissory notes, dated January 6, 1891, each for $85.74, and due respectively on the first day of November, 1891, 1892, 1893, 1894 and 1895, were given for purchase money of land (as therein recited), and the first one was reduced to judgment'in justice’s court on December 12, 1891, upon which execution issued.
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Equitable petitiou. Before Judge McWhorter. Taliaferro superior court. August term, 1893. Five promissory notes, dated January 6, 1891, each for $85.74, and due respectively on the first day of November, 1891, 1892, 1893, 1894 and 1895, were given for purchase money of land (as therein recited), and the first one was reduced to judgment'in justice’s court on December 12, 1891, upon which execution issued. On February 2, 1893, the payee brought a petition to the superior court, attaching as exhibits the execution and the four unpaid notes, and alleging that the maker was hopelessly insolvent,…
1Opinion of the Court
Lumpkin, Justice.
1. The vendor of land who retains the title, giving to the purchaser a bond for titles and taking his promissory notes for the purchase money, maturing at different times in the future, is entitled to enforce against the land itself the collection of the purchase money notes, irrespective of the solvency or insolvency of the maker. Hawkins v. Dearing et al., 93 Ga. 108, 19 S. E. Rep. 717. "Where one only of the notes has matured and been reduced to judgment, the vendor could file in the .clerk’s office a deed conveying the land to the vendee, and then proceed to sell the land…
2Cases cited1 opinion
- Hawkins v. DearingSupreme Court of Georgia · 1894
3Cited by3 opinions
- Strickland v. Lowry National BankSupreme Court of Georgia · 1913
- McCurry v. PitnerSupreme Court of Georgia · 1925
- Fong v. Augusta Ice & Coal Co.Supreme Court of Georgia · 1937