Legal Opinion

Suggs v. Sapp

Supreme Court of Georgia

Decided June 15, 1856No. 21PublishedCited by 3 opinions

Motion, in Randolph Superior Court. Decision'by Judge Kiddoo, May Term, 1856. A fi. fa. in favor of James V. Suggs vs. Neal A. Sapp was levied, and a claim interposed by the executors of Philip F. Sapp, deceased.

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Motion, in Randolph Superior Court. Decision'by Judge Kiddoo, May Term, 1856. A fi. fa. in favor of James V. Suggs vs. Neal A. Sapp was levied, and a claim interposed by the executors of Philip F. Sapp, deceased. The cause went to trial upon this agreed state of facts, to-wit: That claimants were the executors of the last will and testament of Philip F. Sapp, deceased; that as such, the negroes levied on came into their possession, and were still in their possession and control; that said will was still unexecuted and no division made of the estate among the legatees; that said estate was…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

Were the negroes levied on subject to the levy? This is the sole question.

A legacy does not vest in the legatee until the executor has assented to it, or, at least, until the time has come when he ought to assent to it; and that time does not come until it is seen with reasonable certainty, that he will not need the legacy to enable him to pay claims of a higher rank than the claim of a legatee. This is a general principal of law.

And until property has vested in a person, it is not subject to be seized and sold for his debts.

Had the executors, at…

2Cited by3 opinions

  1. Stout v. LaFolletteIndiana Supreme Court · 1878
  2. Spence v. PhillipsSupreme Court of Georgia · 1931
  3. Register v. HarperSupreme Court of Georgia · 1933

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