Saunders v. Register
Supreme Court of Georgia
Equitable petition. Before Judge Thomas. Echols superior court. October 1, 1918. Saunders brought a petition alleging that he was “the true and lawful owner under perfect title” of a described lot of land. Injunction to prevent the cutting, removing, and otherwise interfering with the timber thereon, and damages, were sought against one Thomas.
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Equitable petition. Before Judge Thomas. Echols superior court. October 1, 1918. Saunders brought a petition alleging that he was “the true and lawful owner under perfect title” of a described lot of land. Injunction to prevent the cutting, removing, and otherwise interfering with the timber thereon, and damages, were sought against one Thomas. There was attached as an exhibit to the petition an abstract disclosing that the plaintiff’s claim of. title was founded upon a sheriff’s sale of the property for State and county taxes for the year 1893. Register intervened, alleging that he was the…
1Opinion of the CourtGilbert, J.
1. Sales under tax fi. fas. should be made under the rules governing judicial sales. Civil Code, § 1167; Byars v. Curry, 75 Ga. 515. The rules referred to mean those relating to “advertisement, time and place of sale, etc.” Smith v. Jones, 40 Ga. 39, 43. A defect in the advertisement of the sale of the property levied upon under a tax fi. fa, is a mere irregularity and does not affect the validity of the sheriff’s sale made to an innocent purchaser. Civil Code, § 6059; Conley v. Redwine, 109 Ga. 645 (35 S. E. 92, 77 Am. St. R. 398); 2 Freeman on Executions, § 286; Maddox v. Sullivan, 44 Am.…
2Cases cited10 opinions
- Brooks v. RooneySupreme Court of Georgia · 1852
- Conley v. RedwineSupreme Court of Georgia · 1900
- Bank of the University v. Athens Savings BankSupreme Court of Georgia · 1899
- McArthur v. PeacockSupreme Court of Georgia · 1894
- Byars v. CurrySupreme Court of Georgia · 1885
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3Cited by7 opinions
- Copelan v. KimbroughSupreme Court of Georgia · 1920
- Crump v. McEntireSupreme Court of Georgia · 1940
- McDaniel v. ThomasSupreme Court of Georgia · 1926
- Ryals v. LindsaySupreme Court of Georgia · 1932
- Gordon v. Ransom & Lomax Lumber Co.Supreme Court of Georgia · 1921
2 more not listed; retrieve them via the Exa API.