Legal Opinion

Morgan v. Burks

Supreme Court of Georgia

Decided August 27, 1892PublishedCited by 7 opinions

Levy. Tax sale. Lien. Verdict. Before Judge Bower. Dougherty superior court. October term, 1891. Burks filed his petition for an order to the sheriff of Dougherty county to put him in possession of the west half of lot number 79 on Broad street in the city of Albany, Ga., under a deed from the tax-collector of said county to the lot, made to Burks, and to require Morgan to show cause why the order should not he granted.

Read the full summary

Levy. Tax sale. Lien. Verdict. Before Judge Bower. Dougherty superior court. October term, 1891. Burks filed his petition for an order to the sheriff of Dougherty county to put him in possession of the west half of lot number 79 on Broad street in the city of Albany, Ga., under a deed from the tax-collector of said county to the lot, made to Burks, and to require Morgan to show cause why the order should not he granted. Morgan answered, alleging that he does not hold the property under the title he had when it was sold for taxes, but under another distinct, different and independent title;…

1Opinion of the Court

*287 Judgment affirmed.

1. The court erred in admitting in evidence the entry of levy on the property on the tax fi. fa., and the fi. fa., over his objection that the levy was uncertain, indefinite, void, vague, illegal and not specific as to the property levied upon. The levy was, “Levied the within fi. fa. on the west half of city lot number 79, on the cornet of Broad street in the city of Albany, Ga., March 5,1879.” 2. The court erred in refusing the motion made by defendant’s counsel to amend the answer, averring and setting up the equities of defendant in having paid on the purchase the fi.…

2Cited by7 opinions

  1. Miller v. BrooksSupreme Court of Georgia · 1904
  2. City of Abbeville v. JaySupreme Court of Georgia · 1949
  3. Bibb County v. ElkanSupreme Court of Georgia · 1937
  4. Grace v. RouseSupreme Court of Georgia · 1947
  5. Townsend v. McIntoshSupreme Court of Georgia · 1949

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API