28 Ga. 514
Decided June 15, 1859
Supreme Court of Georgia · decided 1859-06-15
<p>A decree for damages in a bill filed for indemnity by a vendor against ^his warrantor, is premature, notwithstanding the eviction of the vendee, it not appearing that the vendor has been actually damnified ; he is only entitled to be secured against future loss by his Warrantor.</p>
Decided 1859-06-15
¶1 By the Court.
¶2delivering the opinion.
¶3We think the case made by the hill and proof did not authorize a decree for damages. Pool has not yet been injured. True, he is in peril, and is entitled to the security which he prays for in his bill, still, until he accounts With Cox, he cannot recover damages of Hampton. With this exception, we see no error to correct in the record.