Sears v. Bagwell
Supreme Court of Georgia
Levy and Sale. Evidence. Claim. Laws. Before Judge WELLBORN. Hall Superior Court. February Term/1882. To the report contained in the decision it is only nec■essary to add, in connection with the third division thereof, that Bagwell was permitted to testify as follows, over the objection of plaintiff: Knew the land in dispute. His son purchased it at the coroner’s sale. Since said sale his son had paid taxes on the land.
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Levy and Sale. Evidence. Claim. Laws. Before Judge WELLBORN. Hall Superior Court. February Term/1882. To the report contained in the decision it is only nec■essary to add, in connection with the third division thereof, that Bagwell was permitted to testify as follows, over the objection of plaintiff: Knew the land in dispute. His son purchased it at the coroner’s sale. Since said sale his son had paid taxes on the land. Had never lived on or improved it, or cultivated it, or inclosed it, or had any tenant on it. There was an old fence on it, which his son removed two or three years after the…
1Opinion of the Court
Crawford, Justice.
In 1808 John E. Odell sold Nevill Bennett 261 acres of land* consisting of forty-one acres on the east side of fractional lot No. 40, and 220 acres of No. 33, lying broadside to each other and on Flat creek, excepting and reserving therefrom 13 acres, which included certain shoals on the said creek.
Soon after this sale a judgment was obtained against Odell, and the fi. fa. issuing from same was levied upon the entire tract, the 13 acres included ; none, however, *431was actually sold, except that reservation, which was bought by J. D. Bagwell, the defendant in this suit. In…
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