Allen v. Brown
Supreme Court of Georgia
Levy and sale. Estoppel.' Officers. Evidence. Interrogatories. Executions. Possession. Nonsuit. Before Judge Bichard H. Clark. Douglas superior court. July adjourned term, 1888. Allen sued Whitley in trover for a certain mule. It seems that Whitley died pending the action, and that his administrators were made parties.
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Levy and sale. Estoppel.' Officers. Evidence. Interrogatories. Executions. Possession. Nonsuit. Before Judge Bichard H. Clark. Douglas superior court. July adjourned term, 1888. Allen sued Whitley in trover for a certain mule. It seems that Whitley died pending the action, and that his administrators were made parties. Upon the trial, plaintiff introduced two promissory notes, each dated Jan. 25th, 1873, and payable on or by Nov. 1st, 1873, each for $80.00, given by him to Whitley, and each reciting that it was for purchase money of the mule. Also an instrument of writing, which was signed by…
1Opinion of the Court
Simmons, Justice.
The facts of this case will be found in the official report. Under the facts thus reported, it was not error in the trial judge to grant the nonsuit complained of. Allen, the plaintiff, voluntarily carried the mule to the place of sale, after having been told by the constable that he need not bring it. Before the sale, he told the constable that if was Whitley’s mule, and that if Whitley chose to sell his own mule he could do so. The mule was sold by the constable, and it does not appear from this record that Allen objected to the sale. He gave no notice at the. sale that the…
2Cases cited4 opinions
- Reichert v. VossSupreme Court of Georgia · 1887
- Robson v. RawlingsSupreme Court of Georgia · 1887
- Fletcher v. CollierSupreme Court of Georgia · 1878
- Mercier v. MercierSupreme Court of Georgia · 1871
3Cited by6 opinions
- Mock v. StuckeySupreme Court of Georgia · 1895
- Thompson v. SelcerSupreme Court of Georgia · 1914
- Allen v. FaderCourt of Appeals of Georgia · 1915
- Mitchell & Co. v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1925
- Greenwood v. McGeeCourt of Appeals of Georgia · 1934
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