Birmingham Trust & Savings Co. v. Stowe
Supreme Court of Georgia
Claim. Before Judge Higbsmith. Wayne superior court. February 6, 1923. A fi. fa. issued'from the city court of Jesup, in favor of Birmingham Trust & Savings Co., trustee in bankruptcy of Standard Home Co., for the aggregate amount of $1207.59, was levied upon two adjoining parcels of real estate fronting 84 feet and 50 feet, respectively, on Plum Street in the town of Jesup, having a depth of 250 feet, as the property of M. N. Stowe. . A claim to the property was interposed…
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Claim. Before Judge Higbsmith. Wayne superior court. February 6, 1923. A fi. fa. issued'from the city court of Jesup, in favor of Birmingham Trust & Savings Co., trustee in bankruptcy of Standard Home Co., for the aggregate amount of $1207.59, was levied upon two adjoining parcels of real estate fronting 84 feet and 50 feet, respectively, on Plum Street in the town of Jesup, having a depth of 250 feet, as the property of M. N. Stowe. . A claim to the property was interposed by Mrs. Georgia G. Stowe. Plaintiff in fi. fa. filed an equitable amendment in aid of the levy, setting out that M. N.…
1Opinion of the CourtGilbert, J.
1. Error is assigned on the following charge: “ If the property can be divided so that it will not injure the property, so as not to injure its value, why then it must be divided; but if a division of the property reduces the property in such a way as that its value is reduced, its inherent value is reduced by reason of the division, why then he is not called upon to make a division; an officer is not required to divide and sell a part. Now, as far as possible, to make that clear to you: it may be that there would be a bit of property that altogether the entire property would be valuable…
2Cases cited3 opinions
- Roser v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1903
- Lewis v. Equitable Mortgage Co.Supreme Court of Georgia · 1894
- White v. City of ForsythSupreme Court of Georgia · 1911