Seymour v. Morgan
Supreme Court of Georgia
Equity. Trespass. Purchasers at sheriffs’ sales. Before Judge Strozier. Dougherty Superior Court. December, 1871. Seymour’s bill against Morgan made this case: On the 31st of December, 1863, N. W. Collier sold to Ross a certain lot in Albany, and Ross sold it to Seymour, on the 5th of November, 1864, and Seymour continuously thereafter held quiet possession thereof. Wimberly held a fi. fa. against Collier, and had said lot levied upon.
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Equity. Trespass. Purchasers at sheriffs’ sales. Before Judge Strozier. Dougherty Superior Court. December, 1871. Seymour’s bill against Morgan made this case: On the 31st of December, 1863, N. W. Collier sold to Ross a certain lot in Albany, and Ross sold it to Seymour, on the 5th of November, 1864, and Seymour continuously thereafter held quiet possession thereof. Wimberly held a fi. fa. against Collier, and had said lot levied upon. The sheriff did not describe the lot fully; gave no notice thereof to Seymour or his tenants, and sold the same at sheriff’s sale to Henry Morgan for the…
1Opinion of the Court
McCay, Judge.
We affirm the judgment in the case, on the sole ground that the complainant has nob made out a case for equitable jurisdiction. He has a good remedy at law, and equity will not interfere. At common law a purchaser of real estate only gets the defendant’s title. The sheriff was not authorized to put him in possession, as our Code, section 3801, only authorizes the sheriff to turn out the defendant, his heirs or their tenants, or assignees since the judgment. It appears plainly in this bill, that the present owners of this land, though they are assignees of the defendant, are not…
2Cited by2 opinions
- Mattlage v. Mulherin's Sons & Co.Supreme Court of Georgia · 1899
- In re MoseleyDistrict Court, S.D. Georgia · 1873