Carr v. Houser
Supreme Court of Georgia
Receiver’s sale. Purchase by Receiver. Before Judge Cole. Houston county. At Chambers. January 4th, 1872. David H. Houser, on behalf of himself and other creditors of Carr & Jones, and as administrator of Edward W. Jones, one of the members of said firm, and W. L. Carr, as executor of the last will and testament of Joseph N. Carr, the other member of said firm, filed their bill against the heirs-at-law of said Jones and the legatees of said Carr, in which the appointment'of…
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Receiver’s sale. Purchase by Receiver. Before Judge Cole. Houston county. At Chambers. January 4th, 1872. David H. Houser, on behalf of himself and other creditors of Carr & Jones, and as administrator of Edward W. Jones, one of the members of said firm, and W. L. Carr, as executor of the last will and testament of Joseph N. Carr, the other member of said firm, filed their bill against the heirs-at-law of said Jones and the legatees of said Carr, in which the appointment'of a Receiver was prayed to take charge of the partnership property of said late firm of Carr & Jones and to sell the same.…
1Opinion of the Court
Montgomery, Judge.
The Receiver who bid the property off at his own sale insists he did so as agent of his brother, and not for himself, and therefore contends the sale is valid Unless there is a distinction in this respect between a Receiver’s and a sheriff’s sale (which is not perceived) the question is not an open one. Indeed, the Court has gone so far as to declare such a sale absolutely void. It is sufficient for the purposes of this case to say that such a sale is clearly voidable at the election of a party having a beneficial interest in the property, and when such election is promptly…
2Cited by3 opinions
- James v. KelleySupreme Court of Georgia · 1899
- Associates Financial Services Co. v. JohnsonCourt of Appeals of Georgia · 1973
- Groeltz v. ColeSupreme Court of Iowa · 1905