Dowdell v. Neal
Supreme Court of Georgia
Claim, &c. in Talbot Superior Court. Tried before Judge Iyerson, March Term, 1851. A Ji. fa. in favor of James Dowdell vs. B. Whitehurst, was levied on certain real estate, (the Talbotton Hotel,) to which John Neal interposed a claim.
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Claim, &c. in Talbot Superior Court. Tried before Judge Iyerson, March Term, 1851. A Ji. fa. in favor of James Dowdell vs. B. Whitehurst, was levied on certain real estate, (the Talbotton Hotel,) to which John Neal interposed a claim. On the trial, complainant offered in evidence, a Ji. fa. in favor of Joseph Pou, against Whitehurst and Giddens, for about $1200, with a levy thereon by the Sheriff, on the 22d day of January, 1842, on the premises in dispute, and simultaneously on ten negro slaves, together with a Sheriff’s deed to the preñases in dispute, to Joseph Pou, as purchaser, at the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] A levy upon personal property is, prima facie, a satisfaction. That is, it is a satisfaction so far as to throw upon the plaintiff, the burthen of showing, either that it is insufficient, or that the proceeds have been applied to the satisfaction of prior levies, or that it was otherwise unproductive, and made so without fault of the plaintiff or the Sheriff. 6 Geo. R. 395. 8 Geo. R. 327. With these limitations it extinguishes the judgment, the defendant is discharged, and it has no right of claim upon funds of the *152defendant for distribution,…
2Cited by8 opinions
- Kinnebrew v. StateSupreme Court of Georgia · 1887
- Sikes v. SeckingerSupreme Court of Georgia · 1927
- Grace v. MeansSupreme Court of Georgia · 1907
- Corniff v. CookSupreme Court of Georgia · 1894
- Stewart v. BerrySupreme Court of Georgia · 1890
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