Citizens & Southern Bank v. Edelstein

Court of Appeals of Georgia

Citizens & Southern Bank v. Edelstein

142 S.E. 307, 38 Ga. App. 56, 1928 Ga. App. LEXIS 31

CourtCourt of Appeals of Georgia

DecidedMarch 16, 1928

Docket18521

StatusPublished

Cited by1 cases

This text of 142 S.E. 307 (Citizens & Southern Bank v. Edelstein) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Citizens & Southern Bank v. Edelstein, 142 S.E. 307, 38 Ga. App. 56, 1928 Ga. App. LEXIS 31 (Ga. Ct. App. 1928).

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Opinion

Bell, J.

The transferee of a vendor’s interest in property for which he has made a bond for title can not maintain an action against a third person for damages for a trespass committed against the vendee in the bond for title, where the vendee, and not the plaintiff, was in actual possession of the premises at the time of the alleged trespass, and where there was no injury to the freehold. Civil Code (1910), § 4473; So. Ry. Co. v. State, 116 Ga. 276 (42 S. E. 508); Beasley v. Central of Ga. Ry. Co., 17 Ga. App. 615 (87 S. E. 907). There was no merit in any count of the petition, and the trial court correctly sustained the general demurrer thereto.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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Bell, J.

The transferee of a vendor’s interest in property for which he has made a bond for title can not maintain an action against a third person for damages for a trespass committed against the vendee in the bond for title, where the vendee, and not the plaintiff, was in actual possession of the premises at the time of the alleged trespass, and where there was no injury to the freehold. Civil Code (1910), § 4473; So. Ry. Co. v. State, 116 Ga. 276 (42 S. E. 508); Beasley v. Central of Ga. Ry. Co., 17 Ga. App. 615 (87 S. E. 907). There was no merit in any count of the petition, and the trial court correctly sustained the general demurrer thereto.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)

142 S.E. 307, 38 Ga. App. 56, 1928 Ga. App. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-southern-bank-v-edelstein-gactapp-1928.

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