Justices of the Inferior Court v. Moreland
Supreme Court of Georgia
Claim, in Baker Superior Court. Decided by Judge Allen, May Term, 1858. An execution in favor of the Justices of the Inferior Court of Baker County, against Benjamin M. Griffin, administrator de bonis non of John Sikes, deceased, was levied on a negro man named Watt, and a claim to the negro was interposed by John Moreland, as guardian of Benjamín G. Sikes.
Read the full summary
Claim, in Baker Superior Court. Decided by Judge Allen, May Term, 1858. An execution in favor of the Justices of the Inferior Court of Baker County, against Benjamin M. Griffin, administrator de bonis non of John Sikes, deceased, was levied on a negro man named Watt, and a claim to the negro was interposed by John Moreland, as guardian of Benjamín G. Sikes. On the trial of the claim case in the Court below, it appeared in evidence that the negro levied on was a part of the .estate of John Sikes, deceased, at the time of his death, and' as such came into the hands of said administrator to be…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] This is a proceeding at Law to'subject to the payment *147■■of a judgment against the administrator, obtained in 1854, a negro man who had been distributed in 1848 to the claimant, who was one of the heirs at law of defendant’s intestate. If theflegal lien of the judgment upon the property had not attached before the distribution, it is not subject thereto, unless there was fraud in the distribution. If the suit on which the .’judgment was rendered was pending at the time of the distribution, the question, whether the distribution was made to…
2Cited by5 opinions
- Simms v. LideSupreme Court of Georgia · 1894
- Chamblee v. Atlanta Brewing & Ice Co.Supreme Court of Georgia · 1908
- Crockett v. MitchellSupreme Court of Georgia · 1891
- Wynn v. BryceSupreme Court of Georgia · 1877
- McMillan v. ToombsSupreme Court of Georgia · 1887