Smith v. Jones
Supreme Court of Georgia
Claim. Equitable Mortgage. Tax Sales.' Before Judge Green. Spalding Superior Court, August Term, 1869. On the 16th of February, 1868, Jones obtained a judgment against one Gullett for $386 84, besides interest and costs. The fi. fd. issued upon this judgment was, on the 28th of January, 1869, levied upon a house and lot in Griffin as Gullett’s property. Smith, by Patterson as his agent, claimed the property.
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Claim. Equitable Mortgage. Tax Sales.' Before Judge Green. Spalding Superior Court, August Term, 1869. On the 16th of February, 1868, Jones obtained a judgment against one Gullett for $386 84, besides interest and costs. The fi. fd. issued upon this judgment was, on the 28th of January, 1869, levied upon a house and lot in Griffin as Gullett’s property. Smith, by Patterson as his agent, claimed the property. On the trial Jones’.áttorney read in evidence the fi. fa. and levy, proved that Gullett was in possession of the property after the date of said judgment, had a deed to it, and had paid…
1Opinion of the CourtBrown, C. J.
We are satisfied the Court erred in its charge to the jury on the trial of this case, when they were instructed that lands can not be sold for taxes by authority of the city when there is personal property subject and sufficient to pay the taxes. The Act amendatory of the charter of the city, passed 18 th February, 1854, confers the power of taxation, and provides that the Clerk of the City Council shall issue execution against defaulters, which execution shall bind all the property of the defendant from the date thereof; and the marshal is authorized _ to proceed to> levy, advertise and sell…
2Cited by5 opinions
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- Saunders v. RegisterSupreme Court of Georgia · 1919
- Ward v. Board of CommissionersMontana Supreme Court · 1892
- Watson v. SwannSupreme Court of Georgia · 1889
- Plant v. EichbergSupreme Court of Georgia · 1880