Lamkin v. Clary
Supreme Court of Georgia
Levy and claim. Before Judge Callaway. Columbia superior court. March term, 1897. Under an execution founded upon a judgment of March 23, 1896, in favor of Fannie L. Clary against J. T. Lamkin, for $472.06 principal, and $73.95 interest, a tract of land containing 200 acres, more or less, was levied on as the property of the defendant; and on December 8, 1896, a claim was interposed by Thurza Irene 'Lamkin, the defendant’s wife, who claimed under a deed to her from the…
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Levy and claim. Before Judge Callaway. Columbia superior court. March term, 1897. Under an execution founded upon a judgment of March 23, 1896, in favor of Fannie L. Clary against J. T. Lamkin, for $472.06 principal, and $73.95 interest, a tract of land containing 200 acres, more or less, was levied on as the property of the defendant; and on December 8, 1896, a claim was interposed by Thurza Irene 'Lamkin, the defendant’s wife, who claimed under a deed to her from the defendant, executed and recorded January 8, 1896, pending the suit in which the judgment was rendered, in which deed he…
1Opinion of the CourtSimmons, C. J.
1. It is the duty of the sheriff to state in his entry of levy who was in possession of the property at the time of the levy, and his entry is evidence upon that point. Wil*636liams & Co. v. Hart, 65 Ga. 201. In a claim case where the ■entry of the sheriff upon the execution fails to state who was in possession, and a controversy arises as to the opening and ■conclusion of the argument, it becomes the duty of the court to inquire first as to the fact of possession; and if upon this pre liminary investigation it appear that the defendant in fi. fa. was in possession at the time of the levy, the…
2Cases cited4 opinions
- Hollis v. SalesSupreme Court of Georgia · 1897
- Williams & Co. v. HartSupreme Court of Georgia · 1880
- Bartlett v. RussellSupreme Court of Georgia · 1870
- Primrose v. BrowningSupreme Court of Georgia · 1877
3Cited by12 opinions
- Lankford v. HoltonSupreme Court of Georgia · 1938
- Eberhardt v. BennettSupreme Court of Georgia · 1927
- Fisher v. George S. Jones Co.Supreme Court of Georgia · 1899
- Cowan v. Bank of RockdaleSupreme Court of Georgia · 1924
- Scruggs v. Blackshear Manufacturing Co.Court of Appeals of Georgia · 1932
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