56 Ga. 538 | Ga. | 1876
This was an action of ejectment pending in the court below, and by agreement of the parties was submitted to the decision of" the court on the following agreed statement of facts, to-wit;
“ That plaintiffs have a regular chain of title for this lot from the state of Georgia; that in 1858 or 1859 the said executors sold this lot of land to A. H. Metts for $ 1,000 00, one half cash, balance on credit until January, 1860, and he received a bond for titles upon the payment of the balance of the purchase money ; that this note for balance of purchase money was reduced to judgment in 1861 against said Metts; that on 29th December, 1868, the executors of Walker made and filed in the clerk’s office a deed for this lot to Metts, and had the same levied on and it was sold the first Tuesday in March,
The plaintiffs had the title to the land in controversy, and could have maintained their action of ejectment to recover the possession thereof, not only as against Metts but against Bond, and those who were in possession of the land claiming under them. It is true that they had the right to file their deed in the clerk’s office, to the land, levy their execution thereon and sell it for the purchase money due therefor, but that was merely a cumulative remedy given them by statute; when they became the purchasers of the laud at sheriff’s sale they stood in no better condition than any other purchaser would have done.
It is admitted that Jones had been in possession of the land more than seven years before the commencement of the plaintiff’s action, but it is insisted that inasmuch as Jones
Let the judgment of the court below be reversed.