8 Ga. 300 | Ga. | 1850
By the Court.
delivering the opinion.
From the facts in this case, the plaintiff below cannot maintain ‘his action on the ground, of mistake. Davis vs. Hunt, 2 Bailey’s Rep. 418. Neither can the plaintiff recover, for so much money paid to the use of the defendant in execution, for the reason that the property was seized and sold, against his will, and there exists no privity in law, between the defendant in execution, and the purchaser at Sheriff’s sale, inasmuch as there was no warranty of title, either express or implied.
Let the judgment of the Court below be reversed.