Hill v. Winn
Supreme Court of Georgia
Ejectment. Bond for titles. Yendor and purchaser. Before Judge Pottle. Oglethorpe Superior Court. October Term, 1876. Winn brought complaint against Hill for a tract of land situated in Oglethorpe county.
Read the full summary
Ejectment. Bond for titles. Yendor and purchaser. Before Judge Pottle. Oglethorpe Superior Court. October Term, 1876. Winn brought complaint against Hill for a tract of land situated in Oglethorpe county. Hill pleaded the general issue, and that but one of the four purchase money notes, for. $598.70 each, is due; that the plaintiff has no title to the land as he holds it under bond from Warren Hawks, and has never paid the purchase money therefor ; that plaintiff is insolvent and would not be able to respond in damages for a breach of his warranty ; that he ought not to recover because…
1Opinion of the Court
Bleckley, Judge.
1. When title is retained as security for purchase money, the security ought to be available as soon as the debtor puts himself in default. The duty of paying the first instalment is as perfect as the duty of paying the last. If the purchaser seeks to retain the possession of the land as against the better title, let him pay according to his undertaking. Why should he have more time than hé has stipulated for ?
2. The insolvency of the vendor is no defense to his action for the land. Because he is insolvent, must he lose his land ? This would be a hard rule. It is said,…
2Cases cited1 opinion
- McHan v. StansellSupreme Court of Georgia · 1869
3Cited by8 opinions
- Harden v. LangSupreme Court of Georgia · 1900
- Sweat v. ArlineSupreme Court of Georgia · 1938
- Sayre v. MohneyOregon Supreme Court · 1896
- Capps v. SmithSupreme Court of Georgia · 1932
- Lightfoot v. BrowerSupreme Court of Georgia · 1910
3 more not listed; retrieve them via the Exa API.