Webb v. Robinson
Supreme Court of Georgia
In Equity, from Macon Superior Court. Tried before Judge Powers, March Term, 1853. This was a bill filed by Wiley Webb against Edward A. Robinson, Osborn Wiggins, John J. Ohewning and Anderson Stembridge. The object of the bill was to enforce the lien of Webb as vendor, on a certain lot of land, which he sold to Stembridge, for one thousand dollars, taking Stembridge’s-note therefor ; and one of which notes for two hundred dollars, was still in his hands unpaid.
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In Equity, from Macon Superior Court. Tried before Judge Powers, March Term, 1853. This was a bill filed by Wiley Webb against Edward A. Robinson, Osborn Wiggins, John J. Ohewning and Anderson Stembridge. The object of the bill was to enforce the lien of Webb as vendor, on a certain lot of land, which he sold to Stembridge, for one thousand dollars, taking Stembridge’s-note therefor ; and one of which notes for two hundred dollars, was still in his hands unpaid. The land had been sold by the Sheriff on a fi. fa. of the said Chewning against Stembridge, and purchased by Chewning, who sold it…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[If] The rule as to the vendor’s lien which the Court gave to the jury in the beginning of his charge, was certainly the true rule. That the vendor may waive it by taking security for the purchase money is true. But no evidence whatever was presented to the jury about security. Whether he did or did *222not take security is not mooted in this record. The proof is that Webb sold the land and took the purchaser’s note for the price. So far as the proof goes, it is manifest that he had no security. To instruct the jury that his lien was not good if he…
2Cases cited2 opinions
- Wellborn v. WilliamsSupreme Court of Georgia · 1850
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3Cited by9 opinions
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- Atlantic Coast Line Railroad v. StricklandCourt of Appeals of Georgia · 1953
- Funk v. SeehornMissouri Court of Appeals · 1903
- Harris v. CollinsSupreme Court of Georgia · 1886
- Dawson v. Girard Life Insurance, Annuity & Trust Co.Supreme Court of Minnesota · 1881
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