Smith v. Dickson
Supreme Court of Georgia
Affidavit of illegality, in Newton Superior Court. Heard and decided by Judge Stark, September Term, 1850. An execution in favor of the plaintiffs in error against the defendants in error, was issued the 13th day of October, 1840, on a judgment rendered on the 1st day of October, 1840. On the f. fa. there was a levy on real and personal property, bearing date 25th day of December, 1840, and an entry, as follows : “ The above levy, advertised for sale the first Tuesday in…
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Affidavit of illegality, in Newton Superior Court. Heard and decided by Judge Stark, September Term, 1850. An execution in favor of the plaintiffs in error against the defendants in error, was issued the 13th day of October, 1840, on a judgment rendered on the 1st day of October, 1840. On the f. fa. there was a levy on real and personal property, bearing date 25th day of December, 1840, and an entry, as follows : “ The above levy, advertised for sale the first Tuesday in February, 1841, and postponed by plaintiff’s attorney to the first Tuesday in March, 1841, and then postponed indefinitely…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] There was a levy of this execution, and the property was advertised for sale on the first Tuesday in February, 1841. By the entry of the Sheriff on the execution, it appears that the sale was postponed by order of the plaintiffs, to the first Tuesday in March following, and then postponed indefinitely ly the plaintiffs1 attorney. The last entiy, then, on the fi. fa, is in *402March, 1841, more than seven years anterior to the present attempt to enforce the execution by a sale under this indefinitely postponed levy. The illegality claims, that the…
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