Haynes v. Richardson
Supreme Court of Georgia
Practice in the Superior Court. Judgments. Before Judge Crisp. Lee Superior Court. March Term, 1868. A mortgage execution in favor of Haynes against Richardson, describing the property as set out in the second headnote, was levied upon certain personalty as the property of the defendant. The defendant filed an affidavit of illegality, and also claimed for his family. The two cases were consolidated by consent.
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Practice in the Superior Court. Judgments. Before Judge Crisp. Lee Superior Court. March Term, 1868. A mortgage execution in favor of Haynes against Richardson, describing the property as set out in the second headnote, was levied upon certain personalty as the property of the defendant. The defendant filed an affidavit of illegality, and also claimed for his family. The two cases were consolidated by consent. The affidavit of illegality was, on motion, stricken, because returned to court without an order for that purpose, as required in §3976 of the Code. The defendant moved to supplement…
1Opinion of the Court
Bleckley, Justice.
1. An affidavit of illegality to a mortgage fi. fa. levied upon personalty, is not prepared for return into court until after the judge who passed the order of foreclosure has ordered the levying officer to postpone the sale, nor until bond with security has been given for the return of the property when called for. Code, §3976. Where the affidavit has been brought into court prematurely, and on that account is dismissed, the defendant either has or has not the right to apply for the omitted order with a view to having the affidavit reinstated. If he has the right, leave to…
2Cited by7 opinions
- Pepper v. JamesCourt of Appeals of Georgia · 1910
- Brantley v. BakerSupreme Court of Georgia · 1886
- Morton, Bliss & Co. v. GahonaSupreme Court of Georgia · 1883
- Sims v. Hatcher & WilkersonSupreme Court of Georgia · 1887
- Brantley v. BakerSupreme Court of Georgia · 1886
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