108 Ga. 22 | Ga. | 1899
J. G. Elder et al. brought their equitable petition in Wilcox superior court, against W. A. Rodgers et al., the plaintiffs in error. The petition made substantially the following case. On the 31st of March, 1891, the petitioners purchased of E. J. Jackson certain lots of land, including the property in dispute. Ham, Adams & Co. brought suit against the vendor, E. J. Jackson, and obtained a judgment for $50.76, on which execution issued February 28, 1891. This execution was never entered on the general execution docket. Petitioners had no notice, at the time they made the purchase of Jackson, that there was any judgment or outstanding execution against him, but, on the contrary, believed that they acquired under their deed title to the land free from all incumbrances. On the 3d day of August, 1895, the sheriff levied the execution above mentioned upon the property in dispute, a'nd sold the same on September 3, 1895, when it was knocked off to the defendants for the sum of $100. The petition alleges that the levy was excessive, and that the property was worth at least $1,000. The sale is attacked on the ground that the fi. fa. constituted no lien on the land, the same never having been recorded on the general execution docket, and defendantshaving bought more than seven years prior to the levy. It is further alleged that the petitioners mailed the money to the sheriff before the day of sale, for the purpose of paying off this execution. The petition also charges conspiracy and confederation between the sheriff and the purchaser to defraud petitioners and
Judgment affirmed.