Doane v. S. B. Chittenden & Co.
Supreme Court of Georgia
Claim, from Fulton. Tried before Judge Bull, at October Term, 1857. A mortgage Ji.fa., bearing date 30th April, 1857, in favor of S. B. Chittenden & Co., against James T. Doane, for nineteen hundred and nine dollars and eighty-four cents, besides interest and.costs, was, by the Sheriff’of Fulton county, levied upon the property mortgaged.
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Claim, from Fulton. Tried before Judge Bull, at October Term, 1857. A mortgage Ji.fa., bearing date 30th April, 1857, in favor of S. B. Chittenden & Co., against James T. Doane, for nineteen hundred and nine dollars and eighty-four cents, besides interest and.costs, was, by the Sheriff’of Fulton county, levied upon the property mortgaged. The levy was made 1st May, 1857. The mortgage was executed by James T. Doane to plaintiffs in fi. fa. on the 15 th November, 1855, and recorded 24th November of the same year. A - claim to this property was interposed by John A. Doane. ■ Upon4 the trial of…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Was the Court right in ruling in this case, that’the sale was’void on account of its excessiveness ?
We think so most clearly. Here were two tenements actually occupied by different persons, and erected for that purpose, having no necessary connection with each other, and each of which is proven to have been worth thousands ' of dollars, both offered for sale together to satisfy a tax fi. fa. of less than one hundred dollars. *
By the Tax Act of 1804, no more property could be sold than was necessary to satisfy the tax fi.fa. and cost. If two lots…
2Cited by16 opinions
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- Brinson v. LassiterSupreme Court of Georgia · 1888
- Morris v. DavisSupreme Court of Georgia · 1886
- Miller v. JenningsSupreme Court of Georgia · 1929
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