Houser v. Williams
Supreme Court of Georgia
Illegality. Claim. Bonds. Sheriffs. Before Judge Smith. Taylor superior court. February term, 1889. An execution for $486.40 against Houser, in favor of J. J. and Annie E. Williams for the use of officers of court, having been levied, Houser interposed his affidavit of illegality on the following grounds : (1) Of the amount of the execution, $372.85 was charged for feeding certain cattle and a horse.
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Illegality. Claim. Bonds. Sheriffs. Before Judge Smith. Taylor superior court. February term, 1889. An execution for $486.40 against Houser, in favor of J. J. and Annie E. Williams for the use of officers of court, having been levied, Houser interposed his affidavit of illegality on the following grounds : (1) Of the amount of the execution, $372.85 was charged for feeding certain cattle and a horse. The sheriff' had levied a small mortgage fi. fa. against J. J. Williams upon said property, and Annie Williams interposed her claim and gave a forthcoming bond for the same; whereupon the sheriff…
1Opinion of the Court
Simmons, Justice.
It appears from the record in this case that in 1884, Houser foreclosed a mortgage against J. J. Williams on certain mules, horses and cattle. A mortgage^, fa. was issued and levied by Pope, the sheriff, upon the cattle and two horses. To this levy Annie E. Williams, the wife of J. J. Williams, interposed her claim to the property, and gave a forthcoming bond with John and M.E. Taylor as sureties upon the same. At the trial term of the claim, it was withdrawn; but the claimant after-wards renewed her claim, and on the trial of this second claim, the property was found not…
2Cited by7 opinions
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- Chesapeake Guano Co. v. WilderSupreme Court of Georgia · 1890
- Johnston v. PinkstonCourt of Appeals of Georgia · 1913
- Peacock Hardware Co. v. AllenCourt of Appeals of Georgia · 1925
- Seymour v. HouseSupreme Court of Georgia · 1898
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