Merchants' Bank v. Davis
Supreme Court of Georgia
In Equity. Bill and demurrer. In Baker Superior Court. June Term, 1847. Before Judge Warren. The Merchants’ Bank, of Macon, was prosecutitíg an execution issuing from Pulaski Superior Court, upon a judgment rendered, July Term, 1840, of that court, in favour of said Molyneux, of the county of Chatham, against George W. Collier and James M. Brace well, as partners and principals, and Edward St. George,as security on appeal, and caused the same to be levied in the county of…
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In Equity. Bill and demurrer. In Baker Superior Court. June Term, 1847. Before Judge Warren. The Merchants’ Bank, of Macon, was prosecutitíg an execution issuing from Pulaski Superior Court, upon a judgment rendered, July Term, 1840, of that court, in favour of said Molyneux, of the county of Chatham, against George W. Collier and James M. Brace well, as partners and principals, and Edward St. George,as security on appeal, and caused the same to be levied in the county of Baker, by the sheriff of that county, upon certain lands and slaves, as the property of said Collier; to which property…
1Opinion of the Court
By the Court.
Nisbet, J.,
delivering the opinion.
As to the jurisdiction in this case, we think the pendency of [1.] ■the claim for the land in Baker county, and this bill purporting to be ancillary to it, gives the jurisdiction to the Superior Court in that county. The execution issued from Pulaski and is returnable there, but is levied on land in Baker. By the Constitution, all trials involving title to lands are to be had in the county where the land lies. A claim to the lands is put in, in Baker, by the complainant, and he files this bill, among other objects, to aid him in the prosecution…
2Cited by8 opinions
- Townsend v. BrinsonSupreme Court of Georgia · 1903
- Thomason v. ThompsonSupreme Court of Georgia · 1907
- Arthur Tufts Co. v. DeJarnette Supply Co.Supreme Court of Georgia · 1924
- Cloud v. ScarboroughCourt of Appeals of Georgia · 1907
- Farmers State Bank v. SingletaryCourt of Appeals of Georgia · 1918
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