169 Ga. 599 | Ga. | 1929
The facts are fully set out in the foregoing statement. It appears that G. H. Williams & Company executed a bond for title to L. A. Wood, reciting an agreement to sell 500 acres of land, of which the 150 acres in controversy was a part. In the bond for title it was stipulated: “purchaser to pay all taxes.” The bond for title was transferred to successive purchasers. One of the purchasers, Eubanks, failed to pay 'his taxes, and an execution was issued against him, and the 150 acres of land was sold under the execution. Subsequently the obligors in the bond for title executed to the plaintiff, C. L. Lifsey, a warranty deed to the entire 500 acres of land; and the question arises, under the facts in the record, whether the warrantors are bound for the value of the 150 acres of land sold for taxes.
Under the facts of this case, Civil Code § 4195 which provides that “A general warranty of title in a deed, against the claims of all persons, covers defects in the title, though known to the purchaser at the time of taking the deed,” does not apply. We are of the opinion that the decision of the Court of Appeals was erroneous.
Judgment reversed.