Sewell v. Norris
Supreme Court of Georgia
Complaint for land. Before Judge Brand. Walton superior court. July 12, 1906. ' J. E. P. Sewell brought an action of complaint against J. E. Grubbs and J. O. Norris, seeking to recover a tract of land containing forty-two and a half acres. The defendants denied that the plaintiff was the owner of the land; and Norris alleged that he was the lawful owner and in legally acquired possession.
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Complaint for land. Before Judge Brand. Walton superior court. July 12, 1906. ' J. E. P. Sewell brought an action of complaint against J. E. Grubbs and J. O. Norris, seeking to recover a tract of land containing forty-two and a half acres. The defendants denied that the plaintiff was the owner of the land; and Norris alleged that he was the lawful owner and in legally acquired possession. He also pleaded that he bought the property from Mrs. E. J. Sewell, receivmg a bond for title from her; that at the time of the purchase the plaintiff represented that the title was in her, and assisted in…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
It is to be regretted that parties should bring such a transaction as is here involved before the courts. That Sewell was endeavoring *827to avoid some legal liability appears beyond question. If TTing- and Norris were innocent purchasers for value, and without notice, they would be protected. If they were participants in the fraudulent effort of Sewell to conceal his property, and were in pari delicto with him, they would stand no better in such transaction than he does. Where parties are equally at fault, neither law nor equity will help either of them to…
2Cases cited11 opinions
- Parrott v. BakerSupreme Court of Georgia · 1889
- Howell ex rel. Jones v. FountainSupreme Court of Georgia · 1847
- Adams v. BarrettSupreme Court of Georgia · 1848
- Beard v. WhiteSupreme Court of Georgia · 1904
- Clarke, Harrison & Co. v. BrownSupreme Court of Georgia · 1886
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3Cited by20 opinions
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- Barfield Music House v. HarrisCourt of Appeals of Georgia · 1917
- Berryman v. DoreIdaho Supreme Court · 1926
- McKinney v. AtkinsonSupreme Court of Georgia · 1952
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