Sanders v. McAffee
Supreme Court of Georgia
Claim. Lien. Bona fides. Before Judge Harrell. Randolph Superior Court. May Term, 1870. The other cause of Sanders vs. McAffee & Owen, at this term, was an effort to defeat a vendor’s lien against certain land therein mentioned. Besides this they were endeavoring to collect their said fi. fa. by a levy on the land.
Read the full summary
Claim. Lien. Bona fides. Before Judge Harrell. Randolph Superior Court. May Term, 1870. The other cause of Sanders vs. McAffee & Owen, at this term, was an effort to defeat a vendor’s lien against certain land therein mentioned. Besides this they were endeavoring to collect their said fi. fa. by a levy on the land. The judgment was dated the 4th November, 1863, in favor of Sanders vs, S. W. Anthony, and the fi. fa. issued upon it was levied upon said land in December, 1868. McAffee & Owens claimed the land. On the trial of the claim, the plaintiff read in evidence the fi. fa., proved that S.…
1Opinion of the CourtLochrane, C. J.
I. This case comes before the Court upon error assigned on the refusal of the Court below to charge the jury: “If claimants had actual notice of the judgment of the plaintiff, when they brought the land in controversy, then they were not such bona fide purchasers, in the sense of the law, as can be protected against the judgment by a four years’ possession prior to the levy.” This the Court refused, and charged the jury: “If claimants had, bona fide, and for a valuable consideration, bought said lauds and had been in possession thereof for four years before the levy of the fi. fa., the lien…
2Cases cited1 opinion
- Love v. WilliamsSupreme Court of Florida · 1851
3Cited by10 opinions
- Fargason v. EdringtonSupreme Court of Arkansas · 1887
- Wistar v. FosterSupreme Court of Minnesota · 1891
- Hardin v. ReynoldsSupreme Court of Georgia · 1940
- Reynolds v. HardinSupreme Court of Georgia · 1938
- Sluder v. BartlettSupreme Court of Georgia · 1884
5 more not listed; retrieve them via the Exa API.