Perkerson v. Overby

Jackson, Judge.

B. H. and N. Overby and others, plaintiffs in fi. fa., ruled Perkerson, the sheriff of Fulton county, for money alleged to be in his hands in law, under the- facts following: John II. James had had a fi. fa. on a judgment younger than the Overbys’ and others, levied upon a city lot in Atlanta, described as a whole lot. On the day of sale, an undivided half thereof was claimed by a third person, and the sheriff, without levying again or re-adverti'áiñg, sold the other undivided half, and John IT. James bought it.' The sheriff, in answer to the rule, stated that he .became…