Legal Opinion

Howard v. Russell

Supreme Court of Georgia

Decided April 13, 1898PublishedCited by 18 opinions

Equitable petition. Before Judge Fite. Bartow superior court. July term, 1897.

1Opinion of the CourtSimmons, C. J.

It appears from the record, that in 1889 certain real estate was levied upon under a fi. fa. against R. W. Murphy. W. A. Russell interposed a claim, which was, by consent of the plaintiff in fi. fa., withdrawn. Russell afterward filed another claim, which the clerk marked on the claim-docket as “settled.” The land was again advertised for sale under the levy, and Russell filed an equitable petition in which he alleged that the land had been purchased in 1881 by Mrs. Murphy, wife of the defendant in fi. fa., and that in 1886 she had sold it to him for the sum of $1,000; that the second claim…

2Cases cited4 opinions

  1. Gardner, Dexter & Co. v. Moore, Trimble & Co.Supreme Court of Georgia · 1874
  2. Johnson v. JonesSupreme Court of Georgia · 1891
  3. Lowe v. AllenSupreme Court of Georgia · 1881
  4. Downs v. YongeSupreme Court of Georgia · 1855

3Cited by18 opinions

  1. Budget Charge Accounts, Inc. v. PetersSupreme Court of Georgia · 1957
  2. Hawes v. GlovesSupreme Court of Georgia · 1906
  3. In The Matter Of Jane G. CliffordCourt of Appeals for the Fifth Circuit · 1978
  4. Stallings v. NewtonSupreme Court of Georgia · 1900
  5. Toole v. TooleSupreme Court of Georgia · 1899

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