Willis v. McIntosh

DeKalb County Superior Court, Ga.

Willis v. McIntosh

1 Georgia Decisions 162

DecidedSeptember 15, 1842

StatusPublished

This text of 1 Georgia Decisions 162 (Willis v. McIntosh) is published on Counsel Stack Legal Research, covering DeKalb County Superior Court, Ga. primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Willis v. McIntosh, 1 Georgia Decisions 162 (Ga. Super. Ct. 1842).

Pincite

Opinion

By the Court. The plaintiff cannot dictate the terms of a Sheriff’s sale. The rights of purchasers at such sales must be defined and controlled only by the Law. Upon the foreclosure of plaintiff's mortgage, the defendant’s equity of redemption became barred, and the subsequent sale of the mortgage property, either by virtue of the mortgageJi. fa. or of any other ft. fa. passed the absolute title of the property to the purchaser, and not the equity of redemption merely. The right of the plaintiff was to claim the money.

Ordered that the new trial be granted.

JUNIUS HILLYER, j. s. c. w. n.,

and holding Court in De Kalb County.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court. The plaintiff cannot dictate the terms of a Sheriff’s sale. The rights of purchasers at such sales must be defined and controlled only by the Law. Upon the foreclosure of plaintiff's mortgage, the defendant’s equity of redemption became barred, and the subsequent sale of the mortgage property, either by virtue of the mortgageJi. fa. or of any other ft. fa. passed the absolute title of the property to the purchaser, and not the equity of redemption merely. The right of the plaintiff was to claim the money.

Ordered that the new trial be granted.

JUNIUS HILLYER, j. s. c. w. n.,

and holding Court in De Kalb County.

Cite This Page — Counsel Stack

Bluebook (online)

1 Georgia Decisions 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-mcintosh-gasuperctdekalb-1842.