Section 9-13-167. Purchaser to ascertain title and condition; under what conditions officer personally liable

   (a) The purchaser shall look for himself as to the title and soundness of all property sold under judicial process.

(b) Actual fraud or misrepresentation by the officer or his agent may bind the officer personally. No covenant of warranty shall bind him individually unless made with that intention and for a valuable consideration.

Ga. L. 1853-54, p. 56, § 1; Code 1863, § 2578; Code 1868, § 2580; Code 1873, § 2622; Code 1882, § 2622; Civil Code 1895, § 5449; Civil Code 1910, § 6054; Code 1933, § 39-1307.