Erskine v. Wiggins
Supreme Court of Georgia
Practice' in the Superior Court. Verdict. Liens. Levy and Sale. Before Judge Clark. Sumter Superior Court. April Term, 1876. The following, taken in connection with the decision, sufficiently reports this case: Wiggins brought trover against Erskine, to recover a certain cotton gin. Defendant pleaded the general issue. At the. trial, it appeared that Erskine claimed title to the gin by virtue of a purchase at a constable’s sale.
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Practice' in the Superior Court. Verdict. Liens. Levy and Sale. Before Judge Clark. Sumter Superior Court. April Term, 1876. The following, taken in connection with the decision, sufficiently reports this case: Wiggins brought trover against Erskine, to recover a certain cotton gin. Defendant pleaded the general issue. At the. trial, it appeared that Erskine claimed title to the gin by virtue of a purchase at a constable’s sale. This sale was made under the foreclosure of a lien in favor of Howard, Phelts & Co., of which firm defendant was a member. The affidavit of foreclosure contained…
1Opinion of the Court
"Warner, Chief Justice.
The plaintiff brought his action against the defendant to recover the value of a certain described forty-saw cotton gin, to which the plaintiff claimed title, in the statutory form. On the trial of the case the jury found a verdict for the plaintiff for the sum of $6'5.00 The defendant made a motion in arrest of judgment, and for a new tidal, on various grounds, both of which motions were overruled by the court, and the defendant excepted.
1. It appears from the record and bill of exceptions, that the verdict of the jury was written upon the bail affidavit taken in the…
2Cited by1 opinion
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