Phillips v. Dobbins
Supreme Court of Georgia
Judgments. Liens. Statute of limitations. Attorney. Before Judge Peeples. Pulton Superior Court. April Term, 1876. On December 21st, 1866, execution issued from Fulton superior court against one J. J. Morrison, as trustee for bis wife, .under a judgment in favor of John T. Wilson. On the 4th -of July, 1874, it was levied on a certain piece of land, by direction of D. F. Hammond, attorney at law of William R. Phillips, the assignee of Wilson.
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Judgments. Liens. Statute of limitations. Attorney. Before Judge Peeples. Pulton Superior Court. April Term, 1876. On December 21st, 1866, execution issued from Fulton superior court against one J. J. Morrison, as trustee for bis wife, .under a judgment in favor of John T. Wilson. On the 4th -of July, 1874, it was levied on a certain piece of land, by direction of D. F. Hammond, attorney at law of William R. Phillips, the assignee of Wilson. Dobbins interposed claim, and issue was joined. Claimant pleaded, specially, that he purchased the place from Morrison, trustee; and that he was led lo…
1Opinion of the Court
Jackson, Judge.
1. The main question in this case is whether a purchaser for value, with actual notice or knowledge of a judgment, is a bona fide purchaser, and within the protection of the four years’possession secured by the Code, section 3583? Upon that question I am requested to deliver the opinion of the majority of the court at the same time that I give my own reasons for dissenting from that opinion and the judgment which necessarily follows it. The majority of the court construe all the statutes in relation to this subject together, and base their opinion mainly upon the idea that the…
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