McLaren v. Irvin
Supreme Court of Georgia
Equity. Yendor and purchaser. Prescription. Statute of limitations. Before Judge Crisp. Dougherty Superior Court. April Term, 1879. The bill in this case was filed by Irvin, as administrator upon the estate of James Bond, deceased, against McLaren, for an account and settlement of the balance of purchase money due for land. Pending the litigation, McLaren died, and his administrator was made a party in his stead.
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Equity. Yendor and purchaser. Prescription. Statute of limitations. Before Judge Crisp. Dougherty Superior Court. April Term, 1879. The bill in this case was filed by Irvin, as administrator upon the estate of James Bond, deceased, against McLaren, for an account and settlement of the balance of purchase money due for land. Pending the litigation, McLaren died, and his administrator was made a party in his stead. The jury found for complainant, and defendant moved for a new trial upon the following grounds, amongst others : 1. Because the court refused to allow defendant to show that the…
1Opinion of the Court
Bleckley, Justice.
1. The case was in equity. The vendor and vendee were both dead, and the estate of the former was insolvent. The purchase money for the land had been partly paid. The bill sought an account and settlement as to the balance. The purchaser had not been evicted, but his administrator proved that the grant from the state, which in Georgia is always the tap-root of title, was outstanding in a stranger. Such a grant is title paramount, until confronted with a good adverse or derivative title. The purchaser held the vendor's bond for title, and under the bond, he or his estate was…
2Cited by3 opinions
- Mallard v. AllredSupreme Court of Georgia · 1899
- Atlantic Fire Insurance v. RyalsCourt of Appeals of Georgia · 1934
- Kennedy v. SmithCourt of Appeals of Georgia · 1914