Legal Opinion

Hobbs v. Hamlet

Supreme Court of Georgia

Decided February 3, 1899PublishedCited by 3 opinions

Levy and claim. Before Judge Littlejohn. Lee superior ■court. March 11, 1898.' An undivided half-interest in 1225 acres of land was levied ■on and sold under an execution against Tucker for State and county taxes for the year 1893, amounting to $16.20; the purchaser being Richard Hobbs, Jr. In 1895 a mortgage execution against the same property and founded upon a mortgage dated January 1, 1892, was levied upon the property, describing it as an undivided half-interest in…

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Levy and claim. Before Judge Littlejohn. Lee superior ■court. March 11, 1898.' An undivided half-interest in 1225 acres of land was levied ■on and sold under an execution against Tucker for State and county taxes for the year 1893, amounting to $16.20; the purchaser being Richard Hobbs, Jr. In 1895 a mortgage execution against the same property and founded upon a mortgage dated January 1, 1892, was levied upon the property, describing it as an undivided half-interest in certain lots, naming them by numbers, district, and county; and a claim was interposed by Hobbs. At the trial it appeared…

1Opinion of the CourtFish, J.

In the trial below counsel for both parties agreed that the question’involved was one of law, and that the presiding judge should direct a verdict after hearing the facts and argument. A verdict was directed finding the property subject, to the mortgage fi. fa., upon the ground that the levy of the tax fi. fa, was grossly excessive and that the sale thereunder was void. Such ruling was in accordance with the former adjudications of this court. In Brinson v. Lasseter, 81 Ga. 40, it. was held that “The levy of a tax execution for $3.60 on one, hundred acres of land, ivorth $1,200, is such a…

2Cases cited6 opinions

  1. Williamson v. WhiteSupreme Court of Georgia · 1897
  2. Forbes v. HallSupreme Court of Georgia · 1897
  3. Lewis v. StateSupreme Court of Georgia · 1884
  4. Doane v. S. B. Chittenden & Co.Supreme Court of Georgia · 1858
  5. Brinson v. LassiterSupreme Court of Georgia · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Head v. LeeSupreme Court of Georgia · 1947
  2. Roser v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1903
  3. McDaniel v. ThomasSupreme Court of Georgia · 1926

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