82 Ga. 793 | Ga. | 1889
Coody brought his action against The Gress Lumber Company for trespass, in entering upon lot of laud number 128, in the 20th district of Dodge county, aud cutting and carrying away therefrom yellow pine timber growing thereon. The defendant pleaded the general issue. On the trial, the plaintiff introduced a deed
Treating the paper executed by Dunn to Griffin, not as a conveyance of an interest in land, but simply as a contract for the sale of the trees, it would stand on no. higher footing than a bond for titles given by a vendor to a vendee, with the purchase money paid. In that case the same rule would apply as to notice and bona fide purchasers. In the case of Allen vs. Holding, 29 Ga. 485, this court held that a bond for titles with the purchase money paid, is not good against a subsequent conveyance to the purchaser for value who purchases without notice of the bond, and records his conveyance in due time. See also Fahn vs. Bleckley, 55 Ga. 81, where this principle was recognized and the above case cited. "We therefore hold that whether the paper from Dunn to Griffin was a conveyance, or whether it was simply a contract for the sale of trees, it was a contract for the sale of an interest in land, and if Coody subsequently purchased and paid for the land without notice of this sale of the trees to Griffin, he would be entitled to recover the value of the trees. If he had notice, prior to this purchase from Dunn, that Dunn had sold the trees to Griffin, then he would not be entitled to recover.
Judgment reversed.