Upchurch v. Lewis
Supreme Court of Georgia
Judicial sale. Vendor and purchaser. Bond for titles. Executions. Estoppel. New trial. Before Judge Hall. Henry Superior Court. October Term, 1874. William Upchurch filed his bill against Henry Lewis, Hal.
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Judicial sale. Vendor and purchaser. Bond for titles. Executions. Estoppel. New trial. Before Judge Hall. Henry Superior Court. October Term, 1874. William Upchurch filed his bill against Henry Lewis, Hal. Dorsey, John Stillwell and Willis Goodwyn,' sheriff, making, in brief, this case: In the year 1856 complainant bought of Lewis one hundred and one and one-quarter acres of laud in the county of Henry, at the price of $600 00, to be paid in four annual installments of $150 00 each, the first to become due on December 25th of that year. Notes were accordingly delivered and bond for titles…
1Opinion of the Court
Trippe, Judge.
1. It was decided in Parks vs. Bailey, 22 Georgia, 116, which was reaffirmed in Harvill vs. Lowe et al., 47 Georgia, 214, and in Brunson vs. Grant, 48 Georgia, 394, that a sale of land by a sheriff under an execution for the purchase money against the vendee who only holds a bond for titles, is illegal unless the vendor has filed and had recorded in the clerk’s office a deed to his vendee for the land before the levy. This principle applies to this case.
2. It is true the vendee may bar himself of the right to demand that the sale be set aside, if he so act as to induce others to…
2Cited by5 opinions
- Ashley v. CookSupreme Court of Georgia · 1900
- Kaufman v. YoungCourt of Appeals of Georgia · 1924
- Hogg v. Truitt Co.Supreme Court of Georgia · 1920
- McCord v. McGintySupreme Court of Georgia · 1896
- Heyward v. FinneySupreme Court of Georgia · 1879