Rogers v. Smith
Supreme Court of Georgia
Complaint for land. Before Judge Patterson. Milton superior court. August 18, 1915. Mrs. Julia A. Rogers filed suit against Truman Smith and Mrs. J. W. H. Hamilton, administratrix, now Mrs. Frank S. Talbert, for the recovery of lot of land number 478, and a fractional part of lot number 51, each of said lots containing forty acres, more or less.
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Complaint for land. Before Judge Patterson. Milton superior court. August 18, 1915. Mrs. Julia A. Rogers filed suit against Truman Smith and Mrs. J. W. H. Hamilton, administratrix, now Mrs. Frank S. Talbert, for the recovery of lot of land number 478, and a fractional part of lot number 51, each of said lots containing forty acres, more or less. The plaintiff based her claim to lot 478 on a deed from her husband, A. L. Eogers, dated February 21, 1889, and recorded March 3, 1904; and upon a deed from A. L. Eogers, dated July 3, 1901, and recorded March 3, 1904. She based her claim to…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) Hamilton, the purchaser of the two pieces of land at the two sales, was- not the vendee in either of the security deeds. He was a stranger, not connected with the grantee in the transactions in any way, so far as the record discloses. He paid the purchase-money in accordance with the agreement at the public sale, and went into possession without fraud, and without notice of any irregularity or illegality in the proceedings by virtue of which the sheriff sold, or undertook to sell. Mrs. Hamilton, now Mrs. Talbert, defended, claiming lot 51 by virtue of…
2Cases cited11 opinions
- Beverly v. BurkeSupreme Court of Georgia · 1851
- Street v. CollierSupreme Court of Georgia · 1903
- Harris v. BlackSupreme Court of Georgia · 1915
- Burkhalter v. EdwardsSupreme Court of Georgia · 1855
- Hamilton v. RogersSupreme Court of Georgia · 1906
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3Cited by3 opinions
- Smith v. Jefferson CountySupreme Court of Georgia · 1946
- Brady v. SmothermanCourt of Appeals of Georgia · 1935
- Horine v. HicksCourt of Appeals of Georgia · 1920