Redding v. Anderson
Supreme Court of Georgia
Claim. Before Judge Mathews. Bibb superior court. May 26, 1914. On June 7, 1875, a fi. fa. was levied on land. On its face it was issued from the superior court of Bibb county, and based on a judgment absolute rendered May 22, 1875, in a suit to foreclose a mortgage on the land. Immediately below the entry of levy the sheriff making it signed an undated entry on the fi. fa.: “Above levy postponed by notice of homestead.”
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Claim. Before Judge Mathews. Bibb superior court. May 26, 1914. On June 7, 1875, a fi. fa. was levied on land. On its face it was issued from the superior court of Bibb county, and based on a judgment absolute rendered May 22, 1875, in a suit to foreclose a mortgage on the land. Immediately below the entry of levy the sheriff making it signed an undated entry on the fi. fa.: “Above levy postponed by notice of homestead.” On March 8, 1913, a different sheriff advertised the property for sale under the above-mentioned levy. A claim was interposed to certain parts of the property of which the…
1Opinion of the CourtAtkinson, J.
1. On the face of the paper the mortgage fi. fa. in question was valid. If it was void on the ground that it was not based on a valid judgment foreclosing the mortgage, the burden was upon the claimant attacking the fi. fa. to show that the judgment was void.
2. The evidence was sufficient to show that a rule nisi and a rule absolute were granted.
3. Judgments on foreclosure of mortgages are not within the dormant-judgment statute (Civil Code, § 4355). Stiles v. Elliott, 68 Ga. 83 (2), 86. Nor are such judgments within Civil Code § 5950, which provides that when any person has, bona fide and…
2Cases cited8 opinions
- Moughon v. MastersonSupreme Court of Georgia · 1913
- Poullain v. BrownSupreme Court of Georgia · 1888
- Ellis v. SmithSupreme Court of Georgia · 1900
- Craddock v. KellySupreme Court of Georgia · 1908
- Stiles v. ElliottSupreme Court of Georgia · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harrell v. ParkerSupreme Court of Georgia · 1938
- Perkins v. First National BankSupreme Court of Georgia · 1965
- Collier v. Bank of TupeloSupreme Court of Georgia · 1940
- Wright v. ConnerSupreme Court of Georgia · 1946
- Hall v. FindleySupreme Court of Georgia · 1939
3 more not listed; retrieve them via the Exa API.