Cohen v. Broughton
Supreme Court of Georgia
Claims. Levy and sale. Estoppel. Landlord and tenant. Before Judge Bartlett. Morgan Superior Court. September Adjourned Term, 1874. A distress warrant in favor of John A. Broughton against William D. Durden, was levied on three bales of cotton, which were claimed by E. H. Cohen.
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Claims. Levy and sale. Estoppel. Landlord and tenant. Before Judge Bartlett. Morgan Superior Court. September Adjourned Term, 1874. A distress warrant in favor of John A. Broughton against William D. Durden, was levied on three bales of cotton, which were claimed by E. H. Cohen. Upon the trial of the issue thus formed, it appeared that one Jerry Jones rented the land, upon which the cotton in controversy was made, for the year 1873, from Blanche Durden, to whom he had paid all the rent; that the cotton was made by him and sold to claim-. ant; that he had never made any contract with the…
1Opinion of the Court
McCay, Judge.
1. The claimant has made affidavit that this property was levied on. He has recited it in his bond. He has got pos*298session of it by his forthcoming bond under a recital to that effect, so that even if the facts justified questioning the levy, he, it seems to us, is estopped from denying, the levy. And this is specially (perhaps only) true of personal property. The possession is the point of the levy, and if there is no levy the claimant is not interfered with. He has got his property and may do as he pleases with it. He is not interfered with if there be no levy.
2. But we are…
2Cited by23 opinions
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- Oliver v. WarrenSupreme Court of Georgia · 1905
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