Sabattie v. Baggs
| Decision Date | 31 January 1876 |
| Parties | C. Sabattie, administrator, plaintiff in error. v. James W. Baggs,defendant in error. |
| Court | Georgia Supreme Court |
Deeds. Sheriff. Execution. Evidence. Judgments. Before Judge Harris. Liberty Superior Court. November Term, 1875.
This case was complaint for land. The title of the plaintiff rested on a sheriff's deed made on a sale of the property in controversy for taxes. When this instrument was offered in evidence, unaccompanied by the execution under which the sheriff acted, the defendant objected to its introduction upon the following grounds:
1st. Because the deed did not recite that the sheriff sold between the hours of 10 o'clock a. m., and 4 o'clock p. m.
2d. Because it did not show on its face that the sheriff first *offered said land for rent, and on failure to rent the same, then offered a portion for sale, and then the whole.
The objections were sustained, and plaintiff excepted.
From this ruling a non-suit resulted. Error is assigned upon the above ground of exception.
Walter A. Way, by Z. D. Harrison, for plaintiff in error.
No appearance for defendant.
1. Whether section 893 of the Code was intended to free tax titles from any of the strictness of the prior law need not be considered. It certainly does not give them a higher status than belongs to a deed made by the sheriff under the judgment of a court, and such a deed, unsupported, is generally not admissible in evidence: Clark & Wilson v. Trawick, January term, 1876.
2. The foregoing being a sufficient reason for excluding the deed, it is needless to inquire what recitals such a deed should contain, or what would be their effect. The judgment excepted to was right, no matter on what ground it was based.
Judgment affirmed.
To continue reading
Request your trial
-
Crittenden v. Southern Home Bldg. & Loan Ass'n
...notwithstanding that the court rendering the judgment may assign a wrong reason for it." See, also, Garner v. Keaton, 13 Ga. 431; Sabattie v. Baggs, 55 Ga. 572; Eve Crowder, 59 Ga. 799; Wynn v. Wynn, 68 Ga. 820; Donovan v. Simmons, 96 Ga. 340, 22 S.E. 966, Syl., point 3. We think, in the ca......
-
Crittenden v. Southern Home Bldg. & Loan Ass'n
...notwithstanding that the court rendering the judgment may assign a wrong reason for it." See, also, Garner v. Keaton, 13 Ga. 431; Sabattie v. Baggs, 55 Ga. 572; Eve v. Crowder, 59 Ga. 799; Wynn v. Wynn, 68 Ga. 820; Donovan v. Simmons, 96 Ga. 340, 22 S. E. 966, Syl., point 3. We think, in th......
-
Andrews v. Walden
...in connection therewith. The deed, therefore, was not admissible in evidence to show title, and could only show color of title. Sabattie v. Baggs, 55 Ga. 572; Carr v. Georgia Loan & Trust Co., 108 Ga. 757, 33 S.E. 190; Peeples v. Wilson, 140 Ga. 610(2), 79 S.E. 466. The evidence shows that ......
-
Rollins v. Henry
...same effect is Hihn v. Peek, 30 Cal. 280, as stated in Herman on Ex. § 290, p. 472. The case is not accessible. I find also cited Sabattie v. Boggs, 55 Ga. 572; Taylor v. Elliott, 52 Ind. 588, and Anderson v. Clark, 2 Swan (Tenn.) 156. The rule which seems to be established, and which is su......