Smith v. White
Supreme Court of Georgia
Judgments. Executions. Statute of limitations. Before Judge Wjbig-wt, Decatur Superior Court, May Term, 1879, An execution issued in 1867 was levied on certain property of one of the defendants therein (White,, and he filed an affidavit of illegality on the ground of dormancy. No entry appears on the fi. fa. from the date of its issuance until 1875. It was issued in the name of Butler, guardian,, against White and others.
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Judgments. Executions. Statute of limitations. Before Judge Wjbig-wt, Decatur Superior Court, May Term, 1879, An execution issued in 1867 was levied on certain property of one of the defendants therein (White,, and he filed an affidavit of illegality on the ground of dormancy. No entry appears on the fi. fa. from the date of its issuance until 1875. It was issued in the name of Butler, guardian,, against White and others. Butler was the guardian of Mrs, Smith ; one Patterson succeeded him. Patterson, guardian, and others interested, filed a bill against Butler to compel him to deliver up…
1Opinion of the Court
Jackson, Justice.
The facts admitted are that the judgment was rendered' and execution thereon issued in 1867, and no entry was *237made thereon until 1875 — so that this case falls within the ruling in Turner vs. Grubb, 58 Ga., 278, and must be controlled by it on the main point. It is dormant by virtue of the 8th section of the act of 1869 and the Code in respect to dormancy where that section puts it.
Litigation between parties as to the right to possess and use the execution, as in this case between plaintiff in execution and his ward, will not prevent dormancy; nor will the death of either the…
2Cases cited1 opinion
- Turner v. GrubbsSupreme Court of Georgia · 1877
3Cited by4 opinions
- Mosely v. SandersSupreme Court of Georgia · 1886
- Smith v. WilliamsSupreme Court of Georgia · 1892
- Birmingham Trust & Savings Co. v. Atlanta, B. & A. Ry. Co.District Court, N.D. Georgia · 1923
- Colson v. KennedySupreme Court of Georgia · 1891