Baker v. Boozer
Supreme Court of Georgia
Statute of Limitations. Trespass. Before Judge Buchanan. Troup Superior Court. November Term, 1876. On October 27th, 1873, Baker brought an action for damages against Boozer, alleging, in substance, as follows: On January 29th, 1868, defendant caused an execution in his favor, against one John House, to be levied on certain personalty, the property of plaintiff.
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Statute of Limitations. Trespass. Before Judge Buchanan. Troup Superior Court. November Term, 1876. On October 27th, 1873, Baker brought an action for damages against Boozer, alleging, in substance, as follows: On January 29th, 1868, defendant caused an execution in his favor, against one John House, to be levied on certain personalty, the property of plaintiff. Plaintiff was put to great expense in claiming such property, employing counsel, procuring evidence, attending court, etc. Said claim was determined in favor of plaintiff at the May term, 1873, of the superior court. At the time of…
1Opinion of the Court
Bleckley, Judge.
1. Where the cause of action is the seizure of the plaintiff’s property under an execution against a third person, the right of action accrues at the time of the seizure, and the suit must be commenced within four years thereafter, or it will *196be barred. Code, §§ 3026, 3059. See 12 Ga. 311, for same analogy.
2. The owner of the property cannot change the period of limitation, by interposing a claim, litigating the right of property in that case, and treating his damages as not sustained until the claim case has terminated in his favor.
3. This action was barred on the face of the…
2Cases cited1 opinion
- Ruker v. WomackSupreme Court of Georgia · 1875
3Cited by7 opinions
- Mobley v. Murray CountySupreme Court of Georgia · 1934
- Baldwin v. DavisSupreme Court of Georgia · 1939
- Raleigh & Gaston Railroad v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1909
- Brunswick Land Corp. v. PerkinsonSupreme Court of Virginia · 1930
- Fulton Grocery Co. v. MaddoxSupreme Court of Georgia · 1900
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