136 Ga. 805 | Ga. | 1911
G. P. Marshall, plaintiff in error (hereinafter called the plaintiff) brought suit in April, 1907, to recover a described tract of land, against H. T. Whatley and others. All the defendants in the suit, except H. T. Whatley (hereinafter called the defendant), disclaimed title and any right of possession. Upon the conclusion of the plaintiff’s evidence the court granted a non-suit, and he excepted. The plaintiff claimed to have entered into possession of the land and made valuable improvements thereon, under a written contract for its purchase from J. A. Carmichael Jr., to whom he paid all of the purchase-money, but who would not make him a deed. He filed a petition, in Pike superior court, for specific ¡performance of the contract and an injunction against the sale of the land b3r Carmichael. Upon this petition, on the da3r it was filed, a restraining order was granted, which seems never to have been revoked or modified. Upon the trial a verdict and decree were rendered in favor of the plaintiff, requiring Carmichael to make the plaintiff a deed to the land, which was located in Upson county. Counsel for the defendant contends that the record shows that the defendant bought the land from C. S. Barrett, and that Barrett bought from Carmichael, and that if the plaintiff had any title to or interest in the land when he purchased, neither of them, when they respectively purchased the land, had any notice of such title or interest. The plaintiff contends that the record shows that Barrett bought from Carmichael, and defendant bought from Barrett after plaintiff made his written contract with Carmichael for the purchase of the land, and that each, when they respectively purchased, had equal notice of the fact that the plaintiff had such written contract. The plaintiff further contends that the purchases by Barrett and the defendant were made pending the suit of the plaintiff against Carmichael for specific performance; and though this suit was in the superior court of Pike county and the land was located in Upson county, it was notice to any one buying from Carmichael, pending the suit, of the plaintiff’s claim therein, and of the verdict and decree rendered therein.
We think the record sufficient to authorize a finding that'
In the suit for specific performance, the land was described as follows: “Two hundred acres, more or less, being all of lot No. —in-district of Upson county, Ga., being bounded on the north by the county line and on the east by the lands of Will Daniel, and on the south and west by the lands of Eichard Fallens.” This description was not so indefinite as to prevent the pendency of the suit from operating as a lis pendens so as to give notice of the plaintiffs claim made in that suit to the land in controversy. See Johnson v. McKay, 121 Ga. 763 (49 S. E. 757).
Judgment reversed.