Whitman v. Bolling
Supreme Court of Georgia
Ejectment. Estoppel. Presence at sale. Notice. Charge of Court. Verdict. Before Judge Parrott. Catoosa Superior Court. February Term, 1872. James Bolling brought complaint against Robert A. Whitman for a certain tract of land in the county of Catoosa, to-wit: town lots numbers fifty and fifty-one in the town of Ringgold.
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Ejectment. Estoppel. Presence at sale. Notice. Charge of Court. Verdict. Before Judge Parrott. Catoosa Superior Court. February Term, 1872. James Bolling brought complaint against Robert A. Whitman for a certain tract of land in the county of Catoosa, to-wit: town lots numbers fifty and fifty-one in the town of Ringgold. The defendant pleaded the general issue, and for further plea, that plaintiff had no title or interest in said land, but that said' suit was being prosecuted for the sole benefit of one John M. Combs, of said county; that said Combs bought said property in the year 1862 from…
1Opinion of the Court
Montgomery, Judge.
1. In this case, the plaintiff was present at the sheriff’s sale of the property now sued for, and was one of the principal *132bidders against the defendant — in fact, made the bid next preceding the last and purchasing bid of the defendant. The defendant swears he (the plaintiff) gave no notice whatever, at the sale, of any claim he had to the property. The plaintiff testifies that he did give public notice that he “ claimed the property, and had a title to it; that I (he) had bought it once and paid for it.” The evidence shows that the information contained in.this…
2Cited by5 opinions
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- Quirk v. BedalIdaho Supreme Court · 1926
- Walker v. O'Neill Manufacturing Co.Supreme Court of Georgia · 1907
- Tarver v. JonesCourt of Appeals of Georgia · 1925
- Porterfield v. GilmerCourt of Appeals of Georgia · 1974