Hardman v. Cooper
Supreme Court of Georgia
Levy and claim. Before Judge Hutchins. Jackson superior court. August term, 1898. Under an execution in favor of Hardman against William Cooper individually, certain land was levied on as the property of the defendant, and a claim was interposed by him as executor of Willis Cooper. On the trial the plaintiff offered the following amendment to the issue tendered by him: The land levied on was sold by plaintiff to Willis Cooper, and bond for title given.
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Levy and claim. Before Judge Hutchins. Jackson superior court. August term, 1898. Under an execution in favor of Hardman against William Cooper individually, certain land was levied on as the property of the defendant, and a claim was interposed by him as executor of Willis Cooper. On the trial the plaintiff offered the following amendment to the issue tendered by him: The land levied on was sold by plaintiff to Willis Cooper, and bond for title given. The debt was, on February 25, 1879, $1,537.13, and on that day.a bond for title was given by plaintiff to Willis Cooper, conditioned to make…
1Opinion of the CourtLittle, J.
The plaintiff in fi. fa. was not entitled to a verdict finding the land subject, when it appeared that the claimant’s possession was as executor of the will of Willis Cooper. Nor do we think that the equitable issues which were tendered by him by way of amendment ought to have been allowed. The amendment offered would, if allowed, have changed the entire character of the proceeding. The issue under the claim was, whether the land levied on was the property of William Cooper, and therefore subject to plaintiff’s judgment against William Cooper. The amendment virtually alleged that the estate…
2Cases cited2 opinions
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