Bodega v. Perkerson
Supreme Court of Georgia
Sheriff. Attachment. Levy and sale. Claim. Before Judge Peeples. Fulton Superior Court. October Term, 1876. Perkerson, as sheriff of Fulton county, levied an attachment in favor of Thompson & Pettibone against Yalentine, on certain personalty in the possession of the Georgia Railroad. Mrs. Bodega claimed title to the property, and demanded, through her husband and counsel, possession thereof. Perkerson refused to deliver possession except on the filing of a formal claim.
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Sheriff. Attachment. Levy and sale. Claim. Before Judge Peeples. Fulton Superior Court. October Term, 1876. Perkerson, as sheriff of Fulton county, levied an attachment in favor of Thompson & Pettibone against Yalentine, on certain personalty in the possession of the Georgia Railroad. Mrs. Bodega claimed title to the property, and demanded, through her husband and counsel, possession thereof. Perkerson refused to deliver possession except on the filing of a formal claim. This course was subsequently pursued, and the property turned over to the claimant. Plaintiffs brought trover against…
1Opinion of the Court
Bleckley, Judge.
According to the decided weight of the evidence, the goods were the property of the plaintiff, and the possession of the same by the defendant in attachment was under and for the owner, and not in his own right. They were seized by the sheriff while in the hands of a comtnon carrier, to whom the defendant in attachment had just delivered them for transportation from Atlanta to New York. While they were in the sheriff’s custody under the levy, the title of the plaintiff was made known to the sheriff, and their surrender demanded. He would not yield to the demand, but retained…
2Cases cited5 opinions
- Whittington v. Doe ex dem. WrightSupreme Court of Georgia · 1850
- Cowart v. T. J. Dunbar & Co.Supreme Court of Georgia · 1876
- Baker v. BoozerSupreme Court of Georgia · 1877
- Wilson v. Jacob Paulsen & Co.Supreme Court of Georgia · 1876
- Hackett v. GreenSupreme Court of Georgia · 1861
3Cited by11 opinions
- Baldwin v. DavisSupreme Court of Georgia · 1939
- Southern Railway Co. v. MooreSupreme Court of Georgia · 1910
- Atlantic Company v. FarrisCourt of Appeals of Georgia · 1940
- Chattahoochee Brick Co. v. GoingsSupreme Court of Georgia · 1910
- McLennan v. GrahamSupreme Court of Georgia · 1898
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