Mercer v. Newsom
Supreme Court of Georgia
Claim, from Clay county. Decision by Judge Kiddoo. March Term, 1857. Under a fi. fa., issued upon a judgment recovered by Levi Mercer, against Daniel A. Newsom, administrator of John Newsom, deceased, the Sheriff levied upon certain lots of land in the 7th district of originally Lee, now Clay county, as the property of the estate of John Newsom, deceased. George R. Holloway interposed his claim to these lands, and denied that they belonged to the estate of Newsom.
Read the full summary
Claim, from Clay county. Decision by Judge Kiddoo. March Term, 1857. Under a fi. fa., issued upon a judgment recovered by Levi Mercer, against Daniel A. Newsom, administrator of John Newsom, deceased, the Sheriff levied upon certain lots of land in the 7th district of originally Lee, now Clay county, as the property of the estate of John Newsom, deceased. George R. Holloway interposed his claim to these lands, and denied that they belonged to the estate of Newsom. Issue was joined, and upon the trial, the plaintiff offered in evidence the fi. fa. with the levy thereon endorsed. He then proved…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
The Court below rejected certain evidence of the plaintiff Was the Court right in doing so ?
That evidence, if received, would have proved this: That *153Daniel Newsom sold the land as administrator of John Newsom, and bought it himself; that, afterwards, he sold it to Holloway, the claimant; that Holloway knew when he purchased it, that Daniel Newsom, had thus bought it at his own sale; and that Holloway had not paid Daniel Newsom fop the land.
No evidence was offered, to show, that the heirs of John Newsom had ever repudiated, or objected to the…
2Cited by5 opinions
- Gammage v. PerryCourt of Appeals of Georgia · 1923
- MacDougall v. National BankSupreme Court of Georgia · 1920
- Word v. DavisSupreme Court of Georgia · 1899
- Grubbs v. McGlawnSupreme Court of Georgia · 1869
- Fuller v. LittleSupreme Court of Georgia · 1877