Kinzy v. Waddell

Wyatt, Justice.

1. “When a vendee under a warranty deed has fairly and reasonably paid a sum of money to remove an encumbrance which was outstanding, and was a legal and valid lien on the land at the time of his purchase, he may recover the amount thus paid from his vendors.” Amos v. Cosby, 74 Ga. 793; McEntyre v. Merritt, 49 Ga. App. 416 (175 S. E. 661). This court has recognized the right of a vendee to recover an amount paid in partial discharge of an outstanding encumbrance. In Cheatham v. Palmer, 176 Ga. 227, 236 (167 S. E. 522), a petitioner alleged the payment of one of ten instalments…