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Long v. Atlanta Trust Company, trustee, et al.

Supreme Court of Georgia1927-03-17No. No. 5562
164 Ga. 21

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Gilbert, J.

1. “A- bona Me purchaser for value, and without notice of an equity, will not be interfered with by a court of equity.” Civil Code (1910), § 4531:

2. “If one with notice sell to another without notice, the latter is* protected.” Civil Code (1910), § 4535.

3. The petition did not state a cause of action against the Atlanta Trust Company.

4. The court did not err in sustaining the demurrer.

Fraudulent Conveyances, 27 C. J. p. 694, n. 98, 99.

Vendor and Purchaser, 39 Cyc. p. 1761, n. 81; p. 1774, n. 54.

Judgment affirmed.

All the Justices eoneur.

The Atlanta Trust Company, trustee, filed a démurrer on the ground, among others, “that there are no facts alleged sufficient to entitle said plaintiff to proceed against this defendant in the manner and form pursued.” The court passed an order sustaining this ground, dismissing the petition as to demurrant, and reciting that the other grounds of demurrer were not passed upon. To this judgment the plaintiff excepted. George P. Whitman, for plaintiff.

Jones, Hvins, Moore & Powers, Homer C. Denton, and W. Carroll Latimer, for defendants.