Morris v. Tinker
Supreme Court of Georgia
Ejectment. Tax. Levy and sale. Evidence. Mesne profits. Before Judge Tompkins. McIntosh Superior -Court. November Term, 1876. This was an action of ejectment by William C. Tinker against Richard L. Morris and Charles II. Steadwell, for a certain island of about sixteen acres, called Big Myhall, lying in the waters of the Altainaha river, with the adjoining marshes and the appurtenances, including a count for mesne profits.
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Ejectment. Tax. Levy and sale. Evidence. Mesne profits. Before Judge Tompkins. McIntosh Superior -Court. November Term, 1876. This was an action of ejectment by William C. Tinker against Richard L. Morris and Charles II. Steadwell, for a certain island of about sixteen acres, called Big Myhall, lying in the waters of the Altainaha river, with the adjoining marshes and the appurtenances, including a count for mesne profits. The action was commenced October 23d, 1S72. The defendant, Steadwell, did not appear or plead. The defendant, Morris, pleaded as follows : 1st. The general issue. 2d. That…
1Opinion of the Court
Bleckley, Judge.
1. The Code declares (section 888) that when the principal amount of a tax execution does not exceed fifty dollars, the levy * * must be made by a constable, and not otherwise.” The act of February 25, 1876, (pamph. p. 30)? changes this provision, but the act is subsequent to the levy and sale now under consideration, and therefore cannot be invoked here. The sheriff was empowered to sell land after levy- and return by a constable, but could not make the levy himself unless the execution exceeded fifty dollars in amount. This was the law; and a levy made by the sheriff…
2Cases cited1 opinion
- Toler v. SeabrookSupreme Court of Georgia · 1869
3Cited by8 opinions
- Pearce & Renfroe v. Renfroe Bros.Supreme Court of Georgia · 1881
- Oliver v. WarrenSupreme Court of Georgia · 1905
- Crane v. Oregon R. & N. Co.Oregon Supreme Court · 1913
- Martin v. BarbourUnited States Circuit Court · 1888
- Butler v. DavisSupreme Court of Georgia · 1881
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