33 Ga. 107 | Ga. | 1861
Lyon, J., delivering the opinion.
This was an application to the Superior Court of Fulton county, by Leroy Griffin, Jr., for a partition of lots 62 and and 67, in the 14th district of originally Henry, now Fulton county, alleging that applicant and one Eli Griffin, were the
The applicant offered, and put .in evidence in support of the application, a deed from the sheriff of Fulton county to Eli Griffin and Leroy Griffin, Jr., for the premises in dispute, dated the 18th day of October, 1859, in which it was recited that he, as sheriff, had seized the said lots of land as the property of Leroy Griffin, under an execution in favor of Edward N. Griffin and John A. Griffin, against Edward M. Griffin and Leroy Griffin, and that he had, on 2d August, 1859, sold the same in terms of the statute, and that the same were knocked off to Eli Griffin and Leroy Griffin, Jr., at the sum of $1,500.
The defendant offered in evidence a conveyance from Eli Griffin to Thomas Griffin, dated 15th of May, I860, in which, after reciting the sale of the land, and the sheriff’s deed to Eli and Leroy Griffin, Jr., it was declared by said conveyance that the said Eli Griffin, one of the parties to whom the land was conveyed by the sheriff, was, in fact, but the agent of Thomas Griffin, to whom the sheriff’s deed should have been made, instead of to Eli and Leroy Griffin, Jr., as it».was, and that said Thomas Griffin, in fact, paid the whole of the purchase money mentioned in said deed, with the exception of $448 50,' which was advanced by said Leroy Griffin, Jr., and in consideration of the premises, the said Eli Griffin, by said conveyance, conveyed his entire interest in said land, acquired by said sheriff’s deed, to the said Thomas Griffin. The defendant offered to prove, by the
On the case made, it appeared that Eli Griffin had no interest, Thomas Griffin was the party in interest, and he had no notice, nor was a party. The Court, before awarding the writ, should have caused notice to be given to him.
-Let the judgment be reversed.