Ansley Co. v. O'Byrne
Supreme Court of Georgia
Levy and claim. Before Judge Littlejohn. Lee superior court. December 12, 1903. On October 17, 1901, the clerk of Fulton superior court issued an execution against “ Leah J. Ansley of Lee, County,” generally, and especially against certain land in Lee county.
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Levy and claim. Before Judge Littlejohn. Lee superior court. December 12, 1903. On October 17, 1901, the clerk of Fulton superior court issued an execution against “ Leah J. Ansley of Lee, County,” generally, and especially against certain land in Lee county. It was addressed to “ all and singular the sheriffs of this State,” and directed that they cause to be made the principal, interest, and costs “ which at our superior court for said county, . . on the 28th day of June, 1901, J. A. Anderson and M. A. O’Byrne, receivers for the Southern Mutual Building and Loan Association of Atlanta, as…
1Opinion of the CourtLamaR, J.
(After stating the foregoing facts.)
The claimant may have a legal title, but he may have acquired it from a defendant against whom the judgment had been previously rendered. When, therefore, a levy is made, the question is, *620not to whom does the land belong, but is it subject to the execution ? This being the issue, the claimant is interested in being able to attack the validity of the ñ. fa., to the end that he may have the levy dismissed; and for this purpose he is permitted to show that the judgment is void, or, if ever valid, that it has been discharged. In fact, he can make any attack-…
2Cases cited3 opinions
- Osborne v. RiceSupreme Court of Georgia · 1899
- New England Mortgage Security Co. v. WatsonSupreme Court of Georgia · 1896
- LeMaster v. OrrSupreme Court of Georgia · 1897
3Cited by19 opinions
- May v. SorrellSupreme Court of Georgia · 1922
- Watts v. WattsSupreme Court of Georgia · 1908
- Haynes v. Armour Fertilizer WorksSupreme Court of Georgia · 1917
- Haygood v. HaygoodSupreme Court of Georgia · 1940
- Becker v. TruittCourt of Appeals of Georgia · 1929
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