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HOLCOMB v. GARCIA

22953.

221 Ga. 115 (1965)

143 S.E.2d 184

HOLCOMB v. GARCIA et al.

Supreme Court of Georgia.

Decided June 17, 1965.

Attorney(s) appearing for the Case

John M. Morrow, for plaintiff in error.

Noland & Coney, John L. Coney, contra.

NOTE: The opinion in this case was prepared by the late Presiding Justice Head for submission to the court and is approved by the court as written.

HEAD, Presiding Justice. Ordinarily a purchaser of land, who is in possession, can not have relief in equity against the payment of the purchase money, upon the mere ground of a defect of title, before eviction. Exceptions to this rule are where the vendor executing a warranty...

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