Black v. Gate City Coffin Co.
Supreme Court of Georgia
Levy and claim. Before Judge Candler. Fulton superior court. January 8, 1901. In 1894 Swift and Harris executed to Mrs. May a deed to certain land as security for a debt, and received from ber a bond for reconveyance of title. On January 4, 1899, Harris executed a deed to his interest in the land to Swift, subject to the deed to Mrs. May, and assigned to Swift his interest in the bond.
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Levy and claim. Before Judge Candler. Fulton superior court. January 8, 1901. In 1894 Swift and Harris executed to Mrs. May a deed to certain land as security for a debt, and received from ber a bond for reconveyance of title. On January 4, 1899, Harris executed a deed to his interest in the land to Swift, subject to the deed to Mrs. May, and assigned to Swift his interest in the bond. On January 6, 1899, the Gate City Coffin Company obtained a general judgment against Harris, ,and on January 20, 1899, caused an execution, based on this judgment, to be levied on an undivided half interest in…
1Opinion of the CourtLumpkin, P. J.
Under section 3586 of the Code of 1882, property held under a bond for titles with a portion of the purchase-money paid could be lawfully levied upon and sold under a judgment against the holder of such bond. This section also provided for a distribution of the money arising from such a sale. The statutory scheme for thus reaching an equitable interest in realty held by a defendant in execution was, however, superseded by the act approved December 17, 1894, entitled “An act to provide for the levy and sale of property where the defendant in fi. fa. has an interest therein but does not hold…
2Cases cited2 opinions
- Georgia State Building & Loan Ass'n v. FaisonSupreme Court of Georgia · 1902
- Jordan v. Central City Loan & Trust Ass'nSupreme Court of Georgia · 1899
3Cited by8 opinions
- Shumate v. McLendonSupreme Court of Georgia · 1904
- Buchan v. WilliamsonSupreme Court of Georgia · 1908
- Deariso & Co. v. LawrenceCourt of Appeals of Georgia · 1908
- Kidd v. KiddSupreme Court of Georgia · 1924
- Penn Mutual Life Insurance v. DonalsonSupreme Court of Georgia · 1933
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