49 Ga. App. 416 | Ga. Ct. App. | 1934
1. Where an owner of land suffered it to be sold for taxes, and thereafter sold and conveyed it to another, a vendee of the latter who redeemed the property from the tax-sale could not maintain an action against the first owner to recover such tax money] as money paid for his benefit, in the absence of an express warranty of title in the contract of sale made by the first owner, there being no such implied warranty in a sale of land. McEntyre v. Merritt, 44 Ga. App. 583 (162 S. E. 424). In that ruling, which reversed a decision on certiorari affirming a justice-court judgment in favor of the plaintiff, it was said that “whether or not the plaintiff could have maintained the action if . a warranty of title by the defendant had been shown need not be decided,” since such a case was not presented by the record. The petition in that case did not refer to any express warranty, and did not plead any contract or privity of relationship between the plaintiff and the defendant, the original owner. There was no evidence as to any express warranty or any contract between them, but on the contrary the plaintiff testified, “that he paid out the money . . to redeem a piece of land owned by [the defendant] in 1923; that [the defendant] did not ask him to pay the money, and didn’t know that he was going to pay it, and did not know it until after it was paid; that [the defendant] had never promised to repay
2. “When a vendee under a warranty deed has fairly and reasonably paid a sum of money to remove an incumbrance which was
Judgment qffirmed.