Chambers v. McDowell
Supreme Court of Georgia
Trespass for levy offi.fa. on plaintiff’s property, and justification under Üiefi.fá.-pleaded by defendant. Tried before Judge' Floyd, in Pike Superior Court; August Term. 184?. It appears that plaintiff, a number of years ago; purchased off defendant, as executor of P. Scott, deceased, a tract of land, and gave his note with security therefor.
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Trespass for levy offi.fa. on plaintiff’s property, and justification under Üiefi.fá.-pleaded by defendant. Tried before Judge' Floyd, in Pike Superior Court; August Term. 184?. It appears that plaintiff, a number of years ago; purchased off defendant, as executor of P. Scott, deceased, a tract of land, and gave his note with security therefor. Afterwards, in March, 1843;. defendant having sued the'note to judgment, had the tract of land levied upon and sold' at sheriff’s sale, under the judgment, and became the purchaser, and shortly thereafter had another levy made' by virtue ofth & fi.fa.…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The record exhibits some conflict of evidence, as to what was the agreement between McDowell and the plaintiff in error, Chambers, touching the notes given by the latter to the former, some of the witnesses testifying that they were given in extinguishment of the execution, and others that they were given as collateral security, and were in no way to affect the judgment, but that the defendant was to have indulgence so long as the instalments were promptly met. The court, very properly, left the facts to the jury, and they rendered a verdict for…
2Cases cited5 opinions
- Le Page v. McCreaNew York Supreme Court · 1828
- Booth v. SmithNew York Supreme Court · 1829
- United States v. LymanU.S. Circuit Court for the District of Massachusetts · 1818
- Banorgee v. HoveyMassachusetts Supreme Judicial Court · 1809
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1816
3Cited by4 opinions
- Juchter v. Boehm, Bendheim & Co.Supreme Court of Georgia · 1880
- Vandalsem v. CaldwellCourt of Appeals of Georgia · 1924
- Beavers v. CassellsCourt of Appeals of Georgia · 1937
- Armstrong v. Van DykeMichigan Supreme Court · 1924