Burkhalter v. Durden
Supreme Court of Georgia
Levy and claim. Before Judge Daley. Tattnall superior court. May 14, 1904. An execution in favor of Giles against Tapley was transferred to Burkhalter, and levied on a tract of land as the property of Tapley. Durden interposed a claim. The claimant derived title as follows : The land in dispute was sold at sheriff’s sale and a deed made to Giles- and Kelley, the deed reciting that the sale was in pursuance of a levy under an execution in favor of Smith.
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Levy and claim. Before Judge Daley. Tattnall superior court. May 14, 1904. An execution in favor of Giles against Tapley was transferred to Burkhalter, and levied on a tract of land as the property of Tapley. Durden interposed a claim. The claimant derived title as follows : The land in dispute was sold at sheriff’s sale and a deed made to Giles- and Kelley, the deed reciting that the sale was in pursuance of a levy under an execution in favor of Smith. The record shows that the Smith execution has been lost, and its date is not shown. Giles and Kelley conveyed to Meadows, who at that time…
1Opinion of the CourtCobb, J.
The claimant’s deed was on its face an absolute conveyance; but treating it as a deed to secure a debt,- Burkhalter had no right to enforce his execution against the land until he paid or tendered to Durden the amount of his debt. Shumate v. McLendon, 120 Ga. 397. A legal tender of the amount due to Durden would have taken the place of actual payment, but the evidence was not sufficient to show a legal tender. The proposition made by Burkhalter was too indefinite to amount to a tender. It stated no amount, and it was conditional upon Durden’s accounting for the rents, the amount of which was…
2Cited by4 opinions
- Protestant Episcopal Church of Diocese v. Lowe Co.Supreme Court of Georgia · 1908
- Bowen v. KicklighterCourt of Appeals of Georgia · 1971
- Corley v. JarrellCourt of Appeals of Georgia · 1926
- In re Phœnix Planing MillDistrict Court, N.D. Georgia · 1918