112 Ga. 103 | Ga. | 1900
W. T. Comer filed an equitable petition against Alice
Richardson and Camp, sheriff, alleging, in brief, that he was the owner of and in possession of a certain lot of land in the city of > Rome, which was sold by the city marshal in June, 1898, under a fi. fa. for city taxes against James, Thomas, and Warren Richardson, and purchased by J. B. Chamlee; that in February, 1899,the lot was sold under a common-law execution against the same parties and at such sale was purchased by Chamlee; that Chamlee subsequently sold the land to Moss, and, in May, 1899, Moss sold the same to the petitioner, who then went into possession thereof and had since held it; that in December, 1899, the land was sold by Camp, sheriff, under tax fi. fas. against Warren Richardson for ■his State and county taxes for the years 1893, Í894, and 1897, and at this sale Alice Richardson was the purchaser at the price of $28, and the sheriff made her a deed in pursuance thereof; that on June 28, 1900, the plaintiff, as owner, offered to redeem the land, and then tendered to Alice Richardson $32, a sum sufficient to cover the amount she paid for it, together with the ten per cent, premium thereon required by law, and she refused to accept the tender ; that she threatens to have the sheriff to remove the plaintiff from, and to put her in, possession of the premises; that he makes a continuing tender of $32, by depositing that amount in court. The prayers were, for an injunction restraining the sheriff from putting Alice ■ Richardson into possession, and that her deed from the sheriff be cancelled as a cloud upon the plaintiff’s title. Upon the preliminary hearing the judge granted an order restraining the
Judgment affirmed.