Jones v. Easley
Supreme Court of Georgia
Ejectment. Execution. Judicial sale. Deed. Possession. Before Judge Kiddoo. Randolph ' Superior Court. May Term, 1874. Jones brought ejectment against Easley and others, tenants in possession, for lot of laud number six, in tlie sixth district of Randolph county. The defendants pleaded the general issue. The plaintiff relied upon a sheriff's deed made under a sale for taxes, and prior possession.
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Ejectment. Execution. Judicial sale. Deed. Possession. Before Judge Kiddoo. Randolph ' Superior Court. May Term, 1874. Jones brought ejectment against Easley and others, tenants in possession, for lot of laud number six, in tlie sixth district of Randolph county. The defendants pleaded the general issue. The plaintiff relied upon a sheriff's deed made under a sale for taxes, and prior possession. In support of the former lie introduced in evidence a sheriff’s deed dated January 8th, 1870, conveying the property in dispute to him. This instrument recited that the sheriff did, on November,…
1Opinion of the Court
McCay, Judge.
1. The authority to sell under legal process depends upon the judgment and levy. These the purchaser is bound to see *456are complete: Code, sec. 2628. A levy on land consists of the entry, signed by-the proper officer. That is the only seizure there is in this state: See Wilson vs. Ansley, 47 Georgia, 278. Tax fi. fas. under $50 00 must be levied by a constable (Code, section 888,) and returned to the sheriff. Was this levy mad,e by a constable? Who can say? The statute requires the levy to'loe signed : Code, sec. 3640. Had the party offering this deed offered toMiave this entry…
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