57 Ga. 204 | Ga. | 1876
Parker foreclosed a mortgage against Irvin, administrator of Bond, and levied the fi. fa. upon a tract of land which Jones claimed. The judge found the land not subject, on a statement of facts submitted to him, and the question is, did he find right. The facts are as follows: The plaintiff in fi. fa. granted from the state certain adjoining lots of land in September, 1863, and sold them the same day to the defendant, Bond, taking his mortgage on the land for the purchase money. This mortgage was recorded in July, 1867, and was foreclosed in 1871, and levied in 1872. On the 25th of August, 1863, Bond sold the land to Jones, the claimant, and gave him a deed therefor. Jones took possession, and built
Judgment affirmed*