Janes v. Patterson
Supreme Court of Georgia
Statute of limitations. Prescription. Title. Deeds. Presumption. New trial. Before Judge Underwood.' Polk Superior Court. February Term, 1877. In November, 1858, Hutchings, administrator of Barry, recovered judgment against Johns. Execution issued, and in November, 1878, was levied on certain land which was claimed by Patterson.
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Statute of limitations. Prescription. Title. Deeds. Presumption. New trial. Before Judge Underwood.' Polk Superior Court. February Term, 1877. In November, 1858, Hutchings, administrator of Barry, recovered judgment against Johns. Execution issued, and in November, 1878, was levied on certain land which was claimed by Patterson. The evidence showed that Barry made a bond for titles to Johns, September 15, 1854, covering the land in dispute, which was composed of two contiguous land lots lying together and forming only one tract. Johns went into possession ; one lot was improved and occupied,…
1Opinion of the Court
Jackson, Justice.
1. The four years’ statute is relied upon to free this land from the lien of the judgment. The judgment is for purchase money, a part only having been paid, and the defendant held a bond for titles only, and sold and made a deed to claimant, or rather to one under whom claimant holds, whilst he held only the bond for titles. His sale to claimant, therefore, conveyed only his title, which was the right to a perfect title, or to a deed, when he paid the balance. The balance is not yet paid; therefore the claimant, not having such title from the defendant in judgment as to…
2Cited by10 opinions
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- Roberson v. Downing Co.Supreme Court of Georgia · 1904
- Johnson v. SimerlySupreme Court of Georgia · 1892
- Johnston v. NealSupreme Court of Georgia · 1881
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