Shaw v. Green

In Brown v. Tucker, 47 Ga. 485 (3), it was held: “One who silently stands by and permits another to purchase his property, without disclosing his title, is not guilty of such a fraud as estops him from subsequently setting up such title against a purchaser with notice. Section 2915 of the Code [Code of 1933, § 105-304] only operates in favor of a bona fide purchaser without notice.” See also Patterson v. Esterling, 27 Ga. 205. The doctrine of caveat emptor applies. The burden was upon the petitioner Shaw to show by a preponderance of the evidence that the defendant, Mrs. Green, was estopped.…