Ashmore v. Whatley
99 Ga. 150 | Ga. | 1896
1. A bona fide 'purchaser 'of the absolute title of real estate who bought without notice of a materialman’s lien upon the same, which at the time of the purchase had been neither recorded nor foreclosed, took the property divested of such lien. 1 Jones, Liens, §1048; Thornton v. Carver, 80 Ga. 400, 401, and cases cited.
2. One who derived title from such innocent purchaser was also protected, although he may have had notice of the lien. This latter proposition is sustained in principle by the decisions of this court in Stamper v. Hayes, 25 Ga. 546; Douglass v. McCrackin, 52 Ga. 596; Dotterer v. Pike, 60 Ga. 29.
Judgment affirmed,.