Legal Opinion

Harris v. Anderson

Supreme Court of Georgia

Decided June 12, 1919No. 1132PublishedCited by 7 opinions

Claim. Before Judge Ellis. Fulton superior court. July 3, 3918.

1Opinion of the CourtHill, J.

1. On the trial of a statutory claim to land under the Civil Code, § 5157, interposed to resist the levy of a fi. fa. based on a money judgment, the claimant may support his claim by proof of a perfect equity in the land. Grace v. Means, 129 Ga. 638, 641 (59 S. E. 811); Wheeler v. Martin, 145 Ga. 164 (88 S. E. 951), and cases there cited.

2. In such a case it is not necessary for the claimant to file special equitable pleadings supplementary to his statutory claim, in order that ha may introduce evidence of his equitable title to the land. Askew v. Amos, 147 Ga. 613 (95 S. E. 5).

3. Under…

2Cases cited3 opinions

  1. Askew v. AmosSupreme Court of Georgia · 1918
  2. Wheeler v. MartinSupreme Court of Georgia · 1916
  3. Grace v. MeansSupreme Court of Georgia · 1907

3Cited by7 opinions

  1. Drillers Service, Inc. v. MoodySupreme Court of Georgia · 1978
  2. Collier v. Bank of TupeloSupreme Court of Georgia · 1940
  3. Simmons v. Realty Investment Co.Supreme Court of Georgia · 1925
  4. Arrington v. AwbreySupreme Court of Georgia · 1940
  5. Hope v. GlassSupreme Court of Georgia · 1936

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