Morgan v. Sims & Nance
Supreme Court of Georgia
Claim, from Sumter county, and motion for new trial Tried before Judge Allen, at March Term, 1858. Sims & Nance sued and obtained' execution against the firm of Mims & Wadsworth, and the same was levied on “ the house and lot lately occupied by defendants at Americus, the same being part of lot No. 1, in the 27th, also, the front of lot No. 2, in square letter H. in Americus, 75 feet more or less back, also, on that part of lot No. 1, in square H. in said town, on which is.…
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Claim, from Sumter county, and motion for new trial Tried before Judge Allen, at March Term, 1858. Sims & Nance sued and obtained' execution against the firm of Mims & Wadsworth, and the same was levied on “ the house and lot lately occupied by defendants at Americus, the same being part of lot No. 1, in the 27th, also, the front of lot No. 2, in square letter H. in Americus, 75 feet more or less back, also, on that part of lot No. 1, in square H. in said town, on which is. the grocery store lately occupied by Mims & Wadsworth, also, on the stock of goods, wares, &c., found in the dry goods…
1Opinion of the Court
By the Court.
McDonald J.
delivering the opinion.
[1.] My biothers Lumpkin and Benning are of opinion that the presiding Judge in the Court below, erred in rejecting the sayings of Tomlinson, at the time the Sheriff went to levy the executions. They consider all the sayings of Tomlinson as admissible in evidence, as part of the res gestase. I think that the evidence of what he said, ought to have been confined to his orders to the clerks.
The plaintiff in execution was endeavoring to prove possession of the property by the defendant as evidence of his title. The stock of goods was levied on at…
2Cited by9 opinions
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- Royal Indemnity Co. v. Mayor of SavannahSupreme Court of Georgia · 1952
- Brown v. HouserSupreme Court of Georgia · 1878
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