Bank of Tupelo v. Collier

Duckworth, Justice.

It is contended that the court erred in admitting the execution in evidence, because it describes the lands to be levied on as the lands of Fred W. Hulsey, and in that respect does not follow the decree. It is generally true that an execution must follow the judgment and “describe the parties thereto as described in such judgment” (Code, § 39-104); and that an execution which fails to so follow the judgment is not admissible in evidence over the objection of a claimant. Williams v. At wood, 52 Ga. 585; Smith v. Lockett, 73 Ga. 104 (2); Calhoun v. Williamson, 189 Ga. 65 (3)…