McGregor v. Matthis
Supreme Court of Georgia
Fi. fa. and claim, in Paulding Superior Court, and decision by Judge Hammond, at the February Term, 1861. The facts of this case are as follows, to-wit: On the 6th day of March, 1858, Crumpton, one of the defendants in fi. fa., sold the land levied on, to-wit: lot No. 1287, in the third district of the third section, to the claimant, Shelton, and took Shelton’s negotiable promissory note for the purchase money, ($600 00,) to become due the 25th December, 1858, and executed…
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Fi. fa. and claim, in Paulding Superior Court, and decision by Judge Hammond, at the February Term, 1861. The facts of this case are as follows, to-wit: On the 6th day of March, 1858, Crumpton, one of the defendants in fi. fa., sold the land levied on, to-wit: lot No. 1287, in the third district of the third section, to the claimant, Shelton, and took Shelton’s negotiable promissory note for the purchase money, ($600 00,) to become due the 25th December, 1858, and executed to Shelton his bond for titles. On the 14th of May, 1858, Crumpton sold the note .to Elijah M. Field and Smith Lemon for…
1Opinion of the Court
*418 By the Court.
Lumpkin, J.,
delivering the opinion.
From the time that Crumpton transferred the note to Fi.eld and Lemon, he ceased to have any interest in the land, (Tompkins vs. Williams, 19th Ga. Reports, 569,) and the deed being executed to Shelton afterwards, can make no difference. In the case of Ware ?against Jackson, (19th Georgia Reports, 452,) one of the Court who gave the majority opinion in that case, said, “ Had the note been transferred by Baker, (the vendor,) for a valuable consideration, to a bona fide holder, the case would have been different.” Indeed, in the case supposed, the…
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