11 S.E.2d 889 | Ga. | 1940
1. The purchaser at a sale for county taxes may convey the property before the expiration of the redemption period. In such case the vendee acquires "an inchoate or defeasible title, subject to the right of the owner to redeem within the time prescribed by the statute," which passed to his vendor under the tax sale. Bennett v. Southern Pine Co.,
2. Where county commissioners authorize a conveyance of land bought in by the county at a tax sale, but fail to put the order of authorization *263 on the minutes, as required by the Code, § 91-602, it is competent for them, at a subsequent meeting of the board, to ratify the deed to the purchaser from the county, and to cause the authorization to be put on the minutes. 7 R. C. L. 946.
3. If the county commissioners authorize the sale of county land, the deed may lawfully be signed by the chairman in the name of the board. Compare Roberts v. Dancer,
4. A mandatory injunction is not permissible in this State. The court erred in granting an interlocutory injunction the effect of which, by its general terms as well as its express language, restrained the defendants "from remaining on said premises and from keeping his [their] goods on said premises, until further order of the court."
4. Exception is taken to the interlocutory injunction, on the ground that it is essentially mandatory. Our Code, § 55-110 provides that "An injunction may only restrain; it may not compel a party to perform an act." In Goodrich v. Georgia Railroad c.Co.,
Of course the possession referred to in the cases just cited means possession by occupancy, and does not refer to acts which injure the property or the use of it or intrude upon another's physical occupancy, but do not go to the extent of physical occupancy. See Florida Yellow Pine Lumber Co. v. Flint Riverc. Co.,
Judgment reversed. All the Justices concur.