Legal Opinion

Brown v. Moughon

Supreme Court of Georgia

Decided September 18, 1883PublishedCited by 7 opinions

Levy and Sale. Evidence. Title. Before Judge Bower. Baker Superior Court. May Term, 1883. A fi.fa. in favor of Moughon et al., for use, was levied on certain land as the property of E. O. Brown, and a claim was interposed by Mary A. Brown. On the trial, claimant offered in evidence a fi.fa. against Brown, with an entry of levy thereon, and a sheriff’s deed under the sale.

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Levy and Sale. Evidence. Title. Before Judge Bower. Baker Superior Court. May Term, 1883. A fi.fa. in favor of Moughon et al., for use, was levied on certain land as the property of E. O. Brown, and a claim was interposed by Mary A. Brown. On the trial, claimant offered in evidence a fi.fa. against Brown, with an entry of levy thereon, and a sheriff’s deed under the sale. The entry of levy was as follows: “ I have this day levied the within fi. fa. on lots of land numbers 308, 309, 310, 332; all levied on as the property of Enoch 0. Brown, to satisfy an execution issued from the 957th…

1Opinion of the Court

Hall, Justice.

The execution offered with the sheriff’s deed to sustain this claim was issued from a justice’s court in Baker county, and levied by a constable of that county, on certain lots of land, giving their numbers only, without any further description as to their locality; the county and district in which they are located is not set forth in the levy, nor are they described as being in the possession of the defendant or any other person. In the deed conveying them to the purchaser at the sale under this levy, the sheriff undertakes to locate them by county and district. It is evident…

2Cases cited3 opinions

  1. Whatley v. Doe ex dem. NewsomSupreme Court of Georgia · 1851
  2. Williams & Co. v. HartSupreme Court of Georgia · 1880
  3. Collier v. VasonSupreme Court of Georgia · 1853

3Cited by7 opinions

  1. Miller v. BrooksSupreme Court of Georgia · 1904
  2. O'Kelley v. GholstonSupreme Court of Georgia · 1892
  3. Jennings v. National BankSupreme Court of Georgia · 1885
  4. Leathers v. GarrettSupreme Court of Georgia · 1934
  5. Dunham v. StateCourt of Appeals of Georgia · 1918

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