Ector v. Ector
Supreme Court of Georgia
Claim, from Meriwether county. Decided by Judge Bum,, February Term, 1858. In October 1841, George D. Sharp obtained a judgment against Joseph L. Welch for $2,833 00, upon which execution was issued. This was assigned in November, 1841, by George D. Sharp to Walton Ector, for value received. In. 1856, a levy of said fi.fa. was made by the Sheriff on certain negroes.
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Claim, from Meriwether county. Decided by Judge Bum,, February Term, 1858. In October 1841, George D. Sharp obtained a judgment against Joseph L. Welch for $2,833 00, upon which execution was issued. This was assigned in November, 1841, by George D. Sharp to Walton Ector, for value received. In. 1856, a levy of said fi.fa. was made by the Sheriff on certain negroes. W. B. Ector, as guardian of Elizabeth Johnson, claimed that the negroes so levied on as the property of Welch, did not belong to him, but were the property of the said Elizabeth. When the case came on for trial, the plaintiff in…
1Opinion of the Court
*275 By the Court.
Lumpkin, J.
delivering the opinion.
The question in this case is simply this, whether the action of the Court in Crawford county, saved this execution from the operation of the dormant judgment Act.
This Court when the dormant judgment Act first came before it for construction, following the lead of the Judges in convention, departed from the letter of the statute, and interpreted it by its reason and spirit. 2 Kelly 252. The Act declares that “ all judgments that have been obtained since the 19th day of December, 1822, and all judgments that may be hereafter rendered in any of the…
2Cited by6 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Hollis v. LambSupreme Court of Georgia · 1902
- Gholston v. O'KelleySupreme Court of Georgia · 1888
- Columbus Fertilizer Co. v. HanksSupreme Court of Georgia · 1904
- Adair v. DavisSupreme Court of Georgia · 1884
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