Wallace v. Trustees of the Atlanta Medical College
Supreme Court of Georgia
Judicial sale. Levy. Description. Sheriff. Before Judge Hopkins. Fulton Superior Court. October Term, 1873. Nathaniel J. Hammond recovered a judgment against the trustees of the Atlanta Medical College for $ 100 00 principal, besides interest and cost. The execution based on this judgment, was levied upon a portion of the lot on which .the Atlanta Medical College now stands.
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Judicial sale. Levy. Description. Sheriff. Before Judge Hopkins. Fulton Superior Court. October Term, 1873. Nathaniel J. Hammond recovered a judgment against the trustees of the Atlanta Medical College for $ 100 00 principal, besides interest and cost. The execution based on this judgment, was levied upon a portion of the lot on which .the Atlanta Medical College now stands. In the advertisement of said levy it was described as “a part of land lot number fifty-two, in the fourteenth district of originally Henry, now Fulton county, Georgia, to-wit: that part of the Medical College lot…
1Opinion of the Court
McCay, Judge.
1. Did this case stand only on the reasons given by the jury in their verdict for their finding, we would hesitate long before we could sustain it. The inadequacy of price is indeed great, but if this is to be a ground for setting aside a sale where the absence of fraud is apparent, we should have few public sales that could stand — a result contrary to public policy and as injurious to defendants as to any other class. The description, it is true, might have been more complete. A n auctioneer, anxious to paracle his wares before the public, would doubtless have called attention…
2Cited by7 opinions
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- Parker v. GlennSupreme Court of Georgia · 1884
- Forbes v. HallSupreme Court of Georgia · 1897
- Brinson v. LassiterSupreme Court of Georgia · 1888
- Richards v. EdwardySupreme Court of Georgia · 1912
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