Tarver v. Tarver
Supreme Court of Georgia
Illegality. Bond. Costs. Attorneys. Lien. Before Judge Hill. Twiggs Superior Court. April Term, 1874. At the April term, 1873, of Twiggs superior court, Harriet M. Tarver obtained a decree in equity against William B. Tarver and Benjamin M. Tarver for $52,500 00 principal, $36,750 00 interest, and $16 50 costs, to be levied of certain property charged by the will of Hartwell H. Tarver with the support and maintenance of said Harriet M. On the execution based on this decree…
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Illegality. Bond. Costs. Attorneys. Lien. Before Judge Hill. Twiggs Superior Court. April Term, 1874. At the April term, 1873, of Twiggs superior court, Harriet M. Tarver obtained a decree in equity against William B. Tarver and Benjamin M. Tarver for $52,500 00 principal, $36,750 00 interest, and $16 50 costs, to be levied of certain property charged by the will of Hartwell H. Tarver with the support and maintenance of said Harriet M. On the execution based on this decree the solicitors for the complainant made the following indorsement: “The sheriff of Twiggs county, or his deputy, will…
1Opinion of the Court
Trippe, Judge.
1. Section 3672 of the Code provides that where an “affidavit of illegality is filed, and the party filing it desires to take or keep possession of the property (personal) he shall deliver *45to the sheriff or other levying officer a bond,” etc. This is the forthcoming bond, and is to be given when the affiant “desires to take or keep possession of the property.” It does not appear in this case what was done with the property* whether the defendants in execution kept possession or not. It was the duty of the sheriff, if no bond was given, to take and keep possession of the personal…
2Cited by3 opinions
- Young v. RenshawMissouri Court of Appeals · 1903
- Lane v. JohnsonCourt of Appeals of Georgia · 1918
- Davis v. ConleyCourt of Appeals of Georgia · 1936