Shumate v. McLendon
Supreme Court of Georgia
Levy and claim. Before Judge Holden. Wilkes superior court. December 29, 1903. An execution in favor of Shumate, administrator, against Barnett, as administrator of Isaac McLendon, was levied upon a tract of land, and a claim thereto was interposed by Samuel McLendon. The case was submitted to the judge upon an agreed statement of facts, and he rendered a judgment finding the property not subject, and to this judgment the plaintiff in execution excepted.
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Levy and claim. Before Judge Holden. Wilkes superior court. December 29, 1903. An execution in favor of Shumate, administrator, against Barnett, as administrator of Isaac McLendon, was levied upon a tract of land, and a claim thereto was interposed by Samuel McLendon. The case was submitted to the judge upon an agreed statement of facts, and he rendered a judgment finding the property not subject, and to this judgment the plaintiff in execution excepted. The facts disclosed by the record are as follows: In 1854 Isaac McLendon became the owner of a tract of land, which embraces the land now in…
1Opinion of the CourtCobb, J.
(After stating tbe foregoing facts.) It was held in an early ease that where land was sold, and the vendee held under bond for titles, with a portion of the purchase-money paid, both the vendor and the vendee had a leviable interest in the land, represented by the balance due on the purchase-money in the one instance, and by the purchase-money paid in the other; and that a purchaser at the sale would obtain such an interest in the land as would give him a right to call for the balance of the purchase-money, or to pay the balance of the purchase-money and demand a conveyance, according to…
2Cases cited14 opinions
- Parrott v. BakerSupreme Court of Georgia · 1889
- Southern Mining Co. v. BrownSupreme Court of Georgia · 1899
- Phinizy v. ClarkSupreme Court of Georgia · 1879
- Pelt v. HurtSupreme Court of Georgia · 1896
- Swift v. LucasSupreme Court of Georgia · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Harris v. PowersSupreme Court of Georgia · 1907
- You v. JP Morgan Chase Bank, N.A.Supreme Court of Georgia · 2013
- Morgan v. ToddSupreme Court of Georgia · 1958
- Bennett Lumber Co. v. MartinSupreme Court of Georgia · 1909
- Protestant Episcopal Church of Diocese v. Lowe Co.Supreme Court of Georgia · 1908
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