96 Ga. 792 | Ga. | 1895
1. Where, under a contract for the sale of land, the vendor executes to the vendee the usual bond for titles, and delivers to him the possession of the premises, even if the latter fail to pay the purchase money at maturity, he may nevertheless retain possession, either by himself or his tenant, until such time as he shall be legally evicted therefrom by the vendor; and the tenant who enters under the vendee cannot, without first surrendering his possession to the latter, attorn to the vendor upon any-supposed right of the latter, without the consent of the vendee to-rescind the contract of sale.
2. In such a case, where the tenant undertakes to acknowledge a. tenancy both under the vendor and vendee, and distress warrants are issued at the instance of both the vendor and vendee and levied upon the property of the tenant, the warrant in favor of the vendee is the legal lien, and should prevail.
Judgment affirmed.