McLendon v. Shumate
Supreme Court of Georgia
Equitable petition. Before Judge I-Iolden. Wilkes superior •court. May 28, 1906. An execution in favor of Shumate, administrator, against Barnett as administrator of Isaac McLendon, was, on September 9, 1902, levied upon 440 acres of land, to which a claim was interposed by Samuel McLendon; and upon the trial of the ease, under an agreed statement of facts, the judge rendered a judgment finding th<3 property not subject.
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Equitable petition. Before Judge I-Iolden. Wilkes superior •court. May 28, 1906. An execution in favor of Shumate, administrator, against Barnett as administrator of Isaac McLendon, was, on September 9, 1902, levied upon 440 acres of land, to which a claim was interposed by Samuel McLendon; and upon the trial of the ease, under an agreed statement of facts, the judge rendered a judgment finding th<3 property not subject. This case was appealed to the .Supreme Court, and the judgment affirmed (120 Qa. 396) upon the facts set out in the statement preceding the opinion in that case. Subsequently…
1Opinion of the CourtEvans, J.
(After stating the facts.)
1, 2. We do not think that the contention of the plaintiffs in error that the plaintiff in fi. fa. “was estopped by the judgment rendered in the claim case, set np as a bar in defendant’s plea to the equitable petition of the plaintiff” in the present case, upon the principle of res adjudicata, is sound. At the time of the levy to which the claim in that case was interposed, there was still due upon the fi. fa. of the Bank of Washington an unpaid balance', and the bank had never reconveyed its title, and there had therefore never been any redemption. In the opinion…
2Cases cited5 opinions
- Shumate v. McLendonSupreme Court of Georgia · 1904
- Burkhalter v. EdwardsSupreme Court of Georgia · 1855
- Stamps v. HardigreeSupreme Court of Georgia · 1897
- Foster v. ReidSupreme Court of Georgia · 1876
- Anderson v. KilgoSupreme Court of Georgia · 1888
3Cited by14 opinions
- Durham v. CrawfordSupreme Court of Georgia · 1943
- Thomason v. ThompsonSupreme Court of Georgia · 1907
- Burns v. BrickleCourt of Appeals of Georgia · 1962
- Forrester v. LoweSupreme Court of Georgia · 1941
- Doyle v. United Finance Co.Court of Appeals of Georgia · 1958
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