McDonald v. Wimpy

Wyatt, Justice.

(After stating the foregoing facts.) A constable has no authority to levy a tax fi. fa. where the principal amount exceeds $100. Code, § 92-7406. Where such a levy is made, and pursuant thereto a sale is had and a sheriff’s deed is executed, the deed is void and ineffectual as a conveyance of title. See Butler v. Davis, 68 Ga. 173; State of Georgia v. Paschal, 27 Ga. App. 357 (108 S. E. 475)., Since the evidence in this case showed that the sheriff’s deed under which the plaintiff claims title was made pursuant to a levy by.'a. constable of a tax fi. fa. exceeding $100 in the…