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Call Now: 904-383-7448No legal disability except that of being non compos mentis shall excuse a person from failing to comply with a condition annexed to his estate. No notice of such condition is required to be given by the person claiming under the limitation over.
(Orig. Code 1863, § 2278; Code 1868, § 2271; Code 1873, § 2297; Code 1882, § 2297; Civil Code 1895, § 3139; Civil Code 1910, § 3719; Code 1933, § 85-904.)
Interest in property by reason of rights as judgment creditor is estate with condition annexed, and that condition requires, in case of a sale of land by the defendant to a bona fide purchaser for a valuable consideration, who is in possession of the land, that the plaintiff proceed by a levy within four years from the time when the possession commences or the estate is divested and the bona fide purchaser holds the land discharged from the lien of the judgment. In this view of the case, no legal disability whatever, except being non compos mentis, will relieve the plaintiff from failing to comply with the condition. Chapman v. Akin, 39 Ga. 347 (1869).
Cited in Evans v. Brown, 196 Ga. 634, 27 S.E.2d 300 (1943).
- 26A C.J.S., Deeds, §§ 318, 324, 325.
No results found for Georgia Code 44-6-44.