124 Ga. 190 | Ga. | 1905
(After stating the facts.)
As we have endeavored to show, the purchaser of the land under the Rountree fi. fa. is remitted to all the- rights of the plaintiff in fi. fa.; and as the record suggests nothing even tending to estop the original execution plaintiff, it-is immaterial what notice may have been given on the day of the sale, or what wTas the arrangement between the purchaser and the transferee of the execution looking' to the bringing of the land to sale. The purchaser’s title was altogether unaffected by the estoppel of Farrar, and if the legal title was in Farrar at the date of the judgment under which the sale was made, then it passed by virtue of the sale to the purchaser. The finding of the jury that the deed from the Harrises to Farrar had been delivered settled the issue of fact as to title.
The foregoing discussion disposes of all the questions presented with which it is necessary to deal. The court below very fully and fairly submitted to the jury the only issue which was really involved in the controversy, and their finding upon this issue should, we think, be allowed to stand.
Judgment on main bill of exceptions reversed; on cross-bill affirmed.