Hardin v. Adair
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Eulton superior court. April 37, 1913. On January 9, 1913, the plaintiff filed her petition against C. W. Mangum, sheriff of Fulton county, and George W. Adair, alleging as follows: Mangum, sheriff, exposed for sale, on January 4, 1910, a certain house and lot on West Peachtree street in the City of Atlanta, under a certain fi. fa.
Read the full summary
Equitable petition. Before Judge Pendleton. Eulton superior court. April 37, 1913. On January 9, 1913, the plaintiff filed her petition against C. W. Mangum, sheriff of Fulton county, and George W. Adair, alleging as follows: Mangum, sheriff, exposed for sale, on January 4, 1910, a certain house and lot on West Peachtree street in the City of Atlanta, under a certain fi. fa. George W. Adair bid $48,000 for the property, and petitioner bid $50,000. Although she was the highest bidder, the sheriff wilfully and utterly disregarded her bid and knocked the property down to Adair. On the day of the…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) Under the facts of the case the court properly held that the petition should be dismissed. The plaintiff had been guilty of such laches as would render it clearly unjust and inequitable at this date to enforce her demand for a resale of the property. Section 4369 of the Civil Code is as follows: “The limitations herein provided apply equally to all courts; and in addition to the above, courts of equity may interpose an equitable bar, whenever, from lapse of time and laches of the complainant, it would be inequitable to allow a party to enforce his legal…
2Cases cited3 opinions
- Saunders v. BellSupreme Court of Georgia · 1876
- Mizell Live Stock Co. v. BanksCourt of Appeals of Georgia · 1912
- Roberts v. SmithSupreme Court of Georgia · 1911
3Cited by3 opinions
- Pruden v. MiddletonSupreme Court of Georgia · 1936
- Peek v. PeekSupreme Court of Georgia · 1928
- Lewis v. LewisCourt of Appeals of Georgia · 1931