Thurmond v. Reese
Supreme Court of Georgia
In Equity. From Jasper Superior Court. Tried before Judge Meriwether. April Term, 1847. It appears from the record, that several persons were indebted to Cuthbert Reese, the defendant in. error, on divers small notes, on which suits were brought and judgments recovered in a justice’s court. Pending the cases, the defendants executed mortgages on the whole of their property to John Thurmond, the plaintiffin error.
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In Equity. From Jasper Superior Court. Tried before Judge Meriwether. April Term, 1847. It appears from the record, that several persons were indebted to Cuthbert Reese, the defendant in. error, on divers small notes, on which suits were brought and judgments recovered in a justice’s court. Pending the cases, the defendants executed mortgages on the whole of their property to John Thurmond, the plaintiffin error. The fi. fas. issuing from the magistrate’s court in favour of Reese, were levied on the whole of the property, real and personal, belonging to the defendants, except five negroes,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The facts in this case, so far as they are material to its proper determination, are briefly these :
Several persons were indebted to Cutbbert Reese, the defendant in error, on sundry small notes, on which suits were brought in the justice’s court. Pending the cases, the defendants executed mortgages on the whole of their property to John Thurmond. The Ji. fas. issuing from the magistrate’s court in favour of Reese were levied on the whole of the property, real and personal, belonging to the defendants, except live negroes, which were run off. The…
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