Harrison v. McHenry
Supreme Court of Georgia
Ejectment, in Union Superior Court. Tried, September Term, 1850, before Judge Hooper. Enos McHenry had caused a fi. fa. in his own favor, against Kinchen Harrison and others, to be levied on a lot of land, and constituted Henry Harrison his agent to bid for it at the sale. Harrison did not bid, but requested Roach, the Sheriff who sold the land, to bid for it. Roach bid it off, and afterward conveyed it to McHenry, under which deed plaintiff claimed to recover.
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Ejectment, in Union Superior Court. Tried, September Term, 1850, before Judge Hooper. Enos McHenry had caused a fi. fa. in his own favor, against Kinchen Harrison and others, to be levied on a lot of land, and constituted Henry Harrison his agent to bid for it at the sale. Harrison did not bid, but requested Roach, the Sheriff who sold the land, to bid for it. Roach bid it off, and afterward conveyed it to McHenry, under which deed plaintiff claimed to recover. The land was subsequently levied on and sold by virtue of sundry Justices’ Court fi. fas. against said Harrison and others, of older…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The presiding Judge instructed the Jury, that if they believed that the Sheriff was the agent of the plaintiff, McHenry, at the time of the sale, and bid off the property for him as such agent, they would be authorized to find for the plaintiff.
[1.] The exception to this instruction makes the question, whether the Sheriff, at a sale under execution, conducted by himself, can act as the agent of an absent person in the purchase of the property. It was assumed in the argument, and the assumption seems to me to be indispensable to the power claimed…
2Cases cited6 opinions
- Rankin v. ScottSupreme Court of the United States · 1827
- Lessee of Lazarus v. BrysonSupreme Court of Pennsylvania · 1810
- Reed v. WarnerNew York Court of Chancery · 1836
- Shrew v. JonesU.S. Circuit Court for the District of Indiana · 1840
- Mills v. GoodsellSupreme Court of Connecticut · 1825
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Abernathy v. City of AlbanySupreme Court of Georgia · 1998
- Georgia Department of Human Resources v. SistrunkSupreme Court of Georgia · 1982
- Ozborn v. WoolworthSupreme Court of Georgia · 1899
- Robinson v. Colonial Discount Co.Court of Appeals of Georgia · 1962
- Napier v. AdamsSupreme Court of Georgia · 1928
16 more not listed; retrieve them via the Exa API.