Neal v. Murphey & Co.
Supreme Court of Georgia
Judgments. Levy and sale. Lien. Bond for titles. Yendor and purchaser. Before Judge Hall. Pike Superior Court. April Adjourned Term, 1877. An execution in favor of Neal against one Parker was levied upon certain land as the property of the defendant, to which a claim was interposed by Murphey & Co. Upon the trial of the issue thus formed, the state of facts appeared which is set forth in the head-note.
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Judgments. Levy and sale. Lien. Bond for titles. Yendor and purchaser. Before Judge Hall. Pike Superior Court. April Adjourned Term, 1877. An execution in favor of Neal against one Parker was levied upon certain land as the property of the defendant, to which a claim was interposed by Murphey & Co. Upon the trial of the issue thus formed, the state of facts appeared which is set forth in the head-note. Whereupon claimants moved that the levy be dismissed because the debt on which they?, fa. was founded was for the purchase money of the land levied on, and the vendor had filed no deed as…
1Opinion of the Court
Bleckley, Judge.
For aught that appears, the plaintiff in the judgment was satisfied to treat the debt as upon the footing of any other debt against the defendant, with no preference or priority other than that which belongs to an ordinary judgment lien. Surely he is at liberty to occupy this low position. Whether he could obtain a better standing for his judgment by having a deed from the vendor, or his representative, filed and recorded, is not now in question. If the note was transferred without indorsement or guaranty, the defendant’s equity in the land became complete as against his…
2Cases cited4 opinions
- Wilkerson v. BurrSupreme Court of Georgia · 1851
- Shaw v. Mayor of MaconSupreme Court of Georgia · 1856
- McGregor v. MatthisSupreme Court of Georgia · 1861
- Parks v. BaileySupreme Court of Georgia · 1857
3Cited by6 opinions
- Georgia State Building & Loan Ass'n v. FaisonSupreme Court of Georgia · 1902
- Berry v. HiseSupreme Court of Georgia · 1918
- Thomas v. American Freehold Land & Mortgage Co. of London, Ltd.U.S. Circuit Court for the Southern District of Georgia · 1891
- Hardee v. McMichaelSupreme Court of Georgia · 1882
- Gould v. Bank of StatesboroSupreme Court of Georgia · 1898
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