VanDyke v. Martin
Supreme Court of Georgia
Injunction. Execution. Levy. -Judicial sale. Before Judge Knight. Lumpkin Superior Court. April Term, 1874. This case was before this court- at its last term: See 52 Georgia Reports, 56. An amendment was filed and a second application for injunction made.
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Injunction. Execution. Levy. -Judicial sale. Before Judge Knight. Lumpkin Superior Court. April Term, 1874. This case was before this court- at its last term: See 52 Georgia Reports, 56. An amendment was filed and a second application for injunction made. M. H. YanDyke filed bis bill against B. A. Martin; John A. Parker and William H. Satterfield, sheriff of Lumpkin county, making, in brief, the following case: • An execution for $502 00 principal, and $57 00 interest? issued in favor of the defendant, Martin, against Benjamin F. Hamilton, as principal, and complainant, as security. At the…
1Opinion of the Court
McCay, Judge.
1. We see no error in the refusal of this injunction. Taking the bill and answers together, what equity the bill has, is in our judgment, completely sworn off. Even admitting the land sold to be .of the value set up by the complainant, there is nothing in the charge of an excessive levy, since, as the answer shows, and as was the law, the lots were separately sold. Nor is the contrary charged in the bill. The mere levy, especially upon real estate, when there is no actual seizure, is a small matter. As the lands were not in a body, they were separately sold, and if the sale was…
2Cited by6 opinions
- Dykes v. JonesSupreme Court of Georgia · 1907
- Smith v. TippinsSupreme Court of Georgia · 1950
- Pierce v. GaskinsCourt of Appeals of Georgia · 1983
- Thompson v. SelcerSupreme Court of Georgia · 1914
- Woodward v. LaPorteSupreme Court of Georgia · 1936
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