Stanley v. Suggs
Supreme Court of Georgia
Rule to distribute money, in Randolph. Tried before Judge Kiddoo, May, 1857. A rule was taken against the former Sheriff to pay out the money in his hands, arising from the sale of Lemmon Dunn’s property, to the executions existing against him, according to their priority. Charles Stanley, the owner of a mortgage fi. fa.} claimed that his execution should be first paid.
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Rule to distribute money, in Randolph. Tried before Judge Kiddoo, May, 1857. A rule was taken against the former Sheriff to pay out the money in his hands, arising from the sale of Lemmon Dunn’s property, to the executions existing against him, according to their priority. Charles Stanley, the owner of a mortgage fi. fa.} claimed that his execution should be first paid. The general judgment creditors objected to the money being applied to this mortgage fi. fa., and suggested payment and fraud; issue was joined on this suggestion, and the case submitted to a jury. The plaintiff in the mortgage…
1Opinion of the Court
By the Court —
Lumpkin, J.
delivering the opinion.
Believing that this case comes fully within the rule laid down by this Court, in Rushin vs. Shields, et al. (11 Ga. Rep. 636) we affirm the judgment of the Court below.
The subsequent case of Dinkins and Moore, (17 Ga. Rep. 62) stands upon a different principle. The doctrine intended to be maintained there, was, that even in the absence of any attestation clause, the official signature of the magistrate stood in lieu of the proof of execution; he being an officer chosen and selected by the law for this purpose.
Judgment affirmed.
2Cases cited2 opinions
- Rushin v. Shields & BallSupreme Court of Georgia · 1852
- Dinkins v. MooreSupreme Court of Georgia · 1855
3Cited by4 opinions
- Hansen v. OwensSupreme Court of Georgia · 1909
- New England Mortgage Security Co. v. Ober & Son Co.Supreme Court of Georgia · 1890
- In re HammettDistrict Court, N.D. Georgia · 1923
- Winn v. Herring-Hall-Marvin Safe Co.Court of Appeals of Georgia · 1925