Barron v. Chipman
Supreme Court of Georgia
Debt. Plea — Failure of consideration. Tried before Judge Floyd, in Montoe Superior Court, September Teriii, 1847. For tlie facts of the case, the reader is referred to the opinion deliveredby the Supreme Court.
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinions
Wiley Barron, the plaintiff in 'error, was Security for Hugh. Lockett to one Robert Mclnvail, and took fór his ind'emnity a mortgage from 'his principal on some negroes. Having the debt to pay, he foreclosed his mortgage before a Justice of tlie Inferior Court, and placed the execution in the hands of Thomas W. Chipt man, the (then) Sheriff Of MonrOé county, Vhó levied on the property embraced in the mortgage, and advertised the same for sale, leaving it in the possession of Lockett. On the day of sale, instead of producing the negroes, Lockett…
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