Wyatt v. Chapman
Supreme Court of Georgia
Claims. Executions. Levy and sale. Before Judge CRISP. Lee Superior Court. November Term, 1880. To the report contained in the decision, it is only necessary to add that a fi. fa. in favor of Wyatt against Callayvay et al. was levied on certain property, which was claimed by Chapman.
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Claims. Executions. Levy and sale. Before Judge CRISP. Lee Superior Court. November Term, 1880. To the report contained in the decision, it is only necessary to add that a fi. fa. in favor of Wyatt against Callayvay et al. was levied on certain property, which was claimed by Chapman. On the trial the court dismissed the levy, on motion, on the ground that before it was made another levy had been made under the same fi. fa. and a claim placed in the hands of the sheriff, and that no order of court was obtained to withdraw the fi. fa. for a re-levy. Plaintiff excepted to this.
1Opinion of the Court
Speer, Justice.
This claim case being on trial at the November terrii, 1880, of Lee superior court, when plaintiff tendered in evidence the fi. fa. in favor of Wyatt vs. Callaway and others which was levied on the property in dispute, claimant pioved to dismiss the levy on the property of *728claimant on the ground that at the time the levy was made there was a claim case pending in Lee superior court to a levy of said■ fi. fa. previously made on property of Hillsman, and there was no order of court authorizing plaintiff to withdraw said fi. fa. and proceed against other property, and moved to be…
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