Collier v. Perkerson
Supreme Court of Georgia
Debt, in Fulton Superior Court. Tried before Judge Bull, at the April Term, i860. • This case came up and was heard, upon the following state of facts, to wit: On the 18th da.y of July, 1854, Patterson M. Hodge executed and delivered to Meredith Collier a mortgage deed for “City Lot, No. 49, in block number 2, in the city of Atlanta, being part of lot of land No. 51, in the 14th. district of originally Henry, then Fulton county, which city lot fronts on Ivy street, and…
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Debt, in Fulton Superior Court. Tried before Judge Bull, at the April Term, i860. • This case came up and was heard, upon the following state of facts, to wit: On the 18th da.y of July, 1854, Patterson M. Hodge executed and delivered to Meredith Collier a mortgage deed for “City Lot, No. 49, in block number 2, in the city of Atlanta, being part of lot of land No. 51, in the 14th. district of originally Henry, then Fulton county, which city lot fronts on Ivy street, and containing one-half acre, more or less,” for the purpose of securing the payment of a promissory note, made by the said…
1Opinion of the Court
By the Court:
Jenkins, J.,
delivering the opinion.
This action was instituted under an Act of the General Assembly, approved December 27, 1831, entitled: “An Act defining the liability of purchasers, at executor’s, guardian’s, administrator’s and sheriff’s sales, when they refuse, or fail to comply with the terms of such sales.”
The defence set up was, that the defendant bid off the property under a mistake of law, as to his rights. In support of his defence, the defendant offered proof that he and the' only other bidder both bid under the impression that the proceeds of the sale would be applied…
2Cases cited8 opinions
- Adams v. GuerardSupreme Court of Georgia · 1860
- Woodside v. LippoldSupreme Court of Georgia · 1901
- DuBignon v. Mayor of BrunswickSupreme Court of Georgia · 1898
- Atlanta Trust & Banking Co. v. NelmsSupreme Court of Georgia · 1903
- Bohler v. VerderySupreme Court of Georgia · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Atlanta Trust & Banking Co. v. NelmsSupreme Court of Georgia · 1903
- Holmes v. HolmesSupreme Court of Georgia · 1913
- Milam v. AdamsCourt of Appeals of Georgia · 1960
- Decatur County v. O'NealCourt of Appeals of Georgia · 1928
- Barlow v. Toole, McGarrah & TondeeSupreme Court of Georgia · 1887
1 more not listed; retrieve them via the Exa API.