McDougald v. Dougherty
Supreme Court of Georgia
Trespass, in Muscogee Superior Court. Tried before Judge Iverson. November Term, 1852. William Dougherty, as an attorney, directed the Sheriff of Muscogee County to levy a fi. fu. in favor of Edward T. Taylor, administrator, &c. vs. M. Torrance, administrator, &c. of Jas. C. Walson, deceased, on several lots of land, known as the “Watson place,” and in the possession of Duncan McDougald; which levy was made by the Sheriff.
Read the full summary
Trespass, in Muscogee Superior Court. Tried before Judge Iverson. November Term, 1852. William Dougherty, as an attorney, directed the Sheriff of Muscogee County to levy a fi. fu. in favor of Edward T. Taylor, administrator, &c. vs. M. Torrance, administrator, &c. of Jas. C. Walson, deceased, on several lots of land, known as the “Watson place,” and in the possession of Duncan McDougald; which levy was made by the Sheriff. McDougald interposed a claim thereto, which is still pending; and commenced a suit against Wm. Dougherty, for a trespass, in causing the levy to be made. On the trial, the…
1Opinion of the Court
By the Court.
Nnbet, J.
delivering the opinion.
[1.] The proof was, that an exection in favor of Edward T. Taylor vs. M. Torrance, administrator of J. C. Watson, deceased, was levied by direction of Mr. Dougherty, attorney for the plaintiff, upon lands in the actual possession of the plaintiff below, D. McDougald. ■
I see no room to 'doubt that Mr. Dougherty is liable as a trespasser. This levy was the misapplication of a legal procesa, It \vas a levy upon fcho lands of A, of a Jicra *615against B. The entry upon the lands to make the levy, was illegal, and an illegal entry isa trespass. In trespass,…
2Cited by18 opinions
- Baldwin v. DavisSupreme Court of Georgia · 1939
- Williams v. InmanCourt of Appeals of Georgia · 1907
- Wallace v. HollySupreme Court of Georgia · 1853
- Harris v. BlackSupreme Court of Georgia · 1915
- Chattahoochee Brick Co. v. GoingsSupreme Court of Georgia · 1910
13 more not listed; retrieve them via the Exa API.