96 Ga. 187 | Ga. | 1895
It appears from the record, that Mallory Brothers sold to Stuckey certain machinery, taking his promissory
1. On the trial of the case the court charged the jury, that if Mallory Brothers & Co. sold the property to Stuckey and took notes reserving the title in themselves,
2. It was contended that inasmuch as Mock purchased the property from Stuckey, he could not dispute the latter’s title and make the defenses set up in his pleas. Ordinarily a vendee cannot dispute his vendoi’’s title, but the facts of the present case, we think, take it out of the general rule. As we have seen, Mallory Brothers, who sold the property to Stuckey, reserved title until the purchase money should be paid, and Stuckey, without having paid the purchase money, sold the property to Mock, in whose hands it was seized under an execution obtained by Mallory Brothers against Stuckey based upon his purchase money notes; and Mallory Brothers, having purchased the property at the sale under this execution, sold it to Mock. Under this state of facts, we think it is clear that Mock was not bound to return the property to Stuckey or to pay him the purchase money. Judgment reversed.