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NIX v. CAUTHEN

22879.

220 Ga. 850 (1965)

142 S.E.2d 230

NIX, Executrix v. CAUTHEN.

Supreme Court of Georgia.

Decided April 20, 1965.

Attorney(s) appearing for the Case

Thibadeau, Penland & Smith, Ernest Woodie Smith, for plaintiff in error.

Fred W. Kerr, Jr., Martin McFarland, contra.

CANDLER, Justice.

This record makes the following case: On December 15, 1961, H. W. Cauthen, Sr. sold and conveyed to B. R. Nix certain realty in DeKalb County for $49,500. Payment of the purchase money was arranged as follows: Nix assumed payment of a first mortgage on the property for $30,000, paid in cash a stated amount of money and executed and delivered to the seller his promissory note for $13,200 due one year from date with interest at 6 percent. Nix died...

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