Clower v. Fleming
Supreme Court of Georgia
Levy and sale. Tax. Executions. Title. Tender. Prescription. New trial. Practice in Supreme Court. Before Judge Hutchins. Clarke superior court. November term, 1887. On January 5, 1885, Kile, as trustee of. Mrs. Martha W. Clower, brought complaint for land against Thomas Eleming. The declaration afterwards was amended, and the case proceeded in the 'name of Mrs. Clower. The defendant pléaded not gnilty and a prescription of seven years under written color of title.
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Levy and sale. Tax. Executions. Title. Tender. Prescription. New trial. Practice in Supreme Court. Before Judge Hutchins. Clarke superior court. November term, 1887. On January 5, 1885, Kile, as trustee of. Mrs. Martha W. Clower, brought complaint for land against Thomas Eleming. The declaration afterwards was amended, and the case proceeded in the 'name of Mrs. Clower. The defendant pléaded not gnilty and a prescription of seven years under written color of title. On the trial, the plaintiff introduced the deed under which she claimed title, made in January, 1855, to a trustee for her,…
1Opinion of the Court
Bleckley, Chief Justice.
1. Real estate when sold under a tax ji. fa. being redeemable, and when sold under a judgment being irredeemable, there is such incompatibility in these incidents that they cannot combine and both follow from a single sale made by one and the same act, though sufficient authority for making a sale of either class be in the officer’s hands. An attempt to execute both powers together, or at once, must result in one of three ways; it must pass no title, or pass title subject to redemption, or pass title not subject to redemption; in other words, the sale must be a…
2Cited by13 opinions
- Durham v. CrawfordSupreme Court of Georgia · 1943
- Kirk v. BraySupreme Court of Georgia · 1935
- Forrester v. LoweSupreme Court of Georgia · 1941
- Caffey v. ParrisSupreme Court of Georgia · 1938
- Howell v. LawsonSupreme Court of Georgia · 1939
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