Brady v. Smotherman

Notwithstanding the doctrine of caveat emptor applies to a purchaser at a sheriff’s sale (Code of 1933, § 39-1307), it does not apply where the sale is void and the purchaser, by reason of the invalidity of the sale, upon the ground of a void levy, or otherwise, acquires no title. In Corley v. Jarrell, 36 Ga. App. 225 (136 S. E. 177), it was held that where a sheriff’s sale was void by reason of an invalid levy, the purchaser was not liable upon his bid. The court there expressly stated that “the levy and sale being void, the doctrine of caveat emptor is inapplicable.” See also 23 0. J. 655,…