Anthony v. Brooks
Supreme Court of Georgia
In Equity, in Taliaferro' Superior Court; decided by Judge Sayre. The plaintiff in error filed liis bill in Taliaferro Superior Court, charging, that in January, 1841, he became the purchaser at Sheriff’s sale of a certain house and lot in Raytown, in said county, sold as the property of one John M. Anthony, and continued in possession of the same until the filing of this bill.
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In Equity, in Taliaferro' Superior Court; decided by Judge Sayre. The plaintiff in error filed liis bill in Taliaferro Superior Court, charging, that in January, 1841, he became the purchaser at Sheriff’s sale of a certain house and lot in Raytown, in said county, sold as the property of one John M. Anthony, and continued in possession of the same until the filing of this bill. That in the year 1847, the Sheriff of Taliaferro county levied a fi-fa. in favor of John F. Brooks vs. John M. Anthony, upon the said house and lot, and advertised the same for sale ; that on the day of sale, he…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
The object of the complainant’s bill, is to restrain the Sheriff by injunction, from placing the purchaser of certain real estate at Sheriff’s sale, in possession of the premises, on the ground, *578that the complainant is the owner of the property so purchased by one of the defendants, and that on the day of the Sheriff’s sale of the land, the complainant tendered to the Sheriff - an affidavit and claim bond, payable to the plaintiff in execution, which the Sheriff refused to receive because the bond was not payable to the Sheriff, conditioned to pay…
2Cited by2 opinions
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