111 Ga. 780 | Ga. | 1900
The plaintiffs in error, W. H. Bentley and others, brought against J. H. Shingler an action for the recovery of lots of land 277 and 278 in the 12th district of Wilcox county. They proved that they were the heirs at law of M. A. Bentley, deceased, and introduced grants to him from the State of the lots in question. The defendant introduced two executions issued by the comptroller-general against these lots, respectively, for taxes alleged to be due thereon and unpaid, and also two deeds from the sheriff of Wilcox county to one Jonathan Walker, in one of which that officer undertook to convey to Walker lot 277, and in the other lot-278. Each of these deeds contained a recital that the lot therein described had been sold under a tax execution issued by the comptroller-general, and the execution referred to in each deed corresponded as to description with one of those in evidence. The defendant also introduced a quitclaim deed to himself from Walker, covering both lots. There was no dispute that when the executions were issued and the sheriff’s sales had thereunder the lots in controversy were wild lands. The plaintiffs