Carr v. Houser

• Decision Date: 31 July 1872
• Citation: 46 Ga. 478
• Parties: W. CARR, executor, et al., plaintiffs in error. v. D. H. HOUSER, administrator, defendant in error.
• Court: Georgia Supreme Court

46 Ga. 478

W. CARR, executor, et al., plaintiffs in error. v. D. H. HOUSER, administrator, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, July Term, 1872.)

Receiver's sale. Purchase by Receiver. Before Judge Cole. Houston county. At Chambers. January 4th, 1872.

David H. Houser, on behalf of himself and other creditors of Carr & Jones, and as administrator of Edward W. Jones, one of the members of said firm, and W. L. Carr, as executor of the last will and testament of Joseph N. Carr, the other member of said firm, filed their bill against the heirs-at-law of said Jones and the legatees of said Carr, in which the appointment of a Receiver was prayed to take charge of the partnership property of said late firm of Carr & Jones and to sell the same. On October 24th, 1870, Judge Cole appointed the complainant, David H. Houser, such Receiver, upon his giving bond and security in the sum of $10,000, and directed him to take possession of the realty and personalty of said late firm and to sell the same, after thirty days' advertisement, that the Court-house in Perry, Houston county, at public outcry, to the highest bidder. *The Receiver reported to the January Term, 1871, of Houston Superior Court that he had sold a part of the realty belonging to said Carr & Jones on the first Tuesday in January, 1871, when the same was bid off by John A. Houser for the sum of $2,100.

W. L. Carr, as executor as aforesaid, and as a legatee under the wili of Joseph N. Carr deceased, and Holland Carr, also a legatee under said will, objected to the report of said Receiver upon the following among other grounds:

1st. Because he, the said David H. Houser, proceeded to have the said lands and mills sold for one-half cash and the other on time, and bid them off himself by his own bid, and for himself, as it is believed, and which was so publicly announced at the time by the crier at the pitiful sum of $2,100, when the property was worth at the time $8,000 or $10,000, and which said Houser well knew; and, therefore, they say that said pretended, fraudulent sale should be set aside for the gross inadequacy of the price for which said lands and mills sold; that, indeed, there has been no legal sale by the said Houser, Receiver, to himself, and that the title to the property sold is not at all changed by said pretended sale.

2d. Because the said John H. Houser did not purchase said land and mills, and if his brother, the said David H. Houser bid them off for the...