Hollinshed v. Woodard
Supreme Court of Georgia
Levy and claim. Before Judge Felton. Houston superior court. April 4, 1905. An execution in which Gano was plaintiff, and W. H. Harris; executor of H. C. Harris, was defendant, was levied on a described lot of land in Fort Valley, Ga. W. H. Hollinshed filed a claim. At the trial I. T. Woodard, administrator, was made,a party in place of Gano, deceased.
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Levy and claim. Before Judge Felton. Houston superior court. April 4, 1905. An execution in which Gano was plaintiff, and W. H. Harris; executor of H. C. Harris, was defendant, was levied on a described lot of land in Fort Valley, Ga. W. H. Hollinshed filed a claim. At the trial I. T. Woodard, administrator, was made,a party in place of Gano, deceased. The claimant introduced in evidence the will óf H. C. Harris, which gave authority to the executor to sell and transfer the realty of the estate at his discretion, without order of court. A deed from the executor was then introduced, conveying…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) When an administrator sells land under a proper order of the court of ordinary, liens thereon are divested and transferred to the fund. Civil Code, §3453; Herrington v. Tolbert, 110 Ga. 528. An administrator can not sell land without an order of the court of ordinary. Civil Code, § 3450. A sale by an executor under an order of the court of ordinary will divest the lien of an existing judgment, unless the property is under levy at the time the sale is1 made. Reed v. Aubrey, 91 Ga. 436. In Bond v. Zeigler, 1 Ga. 324, it was held that when an executor was…
2Cases cited9 opinions
- Mutual Loan & Banking Co. v. HaasSupreme Court of Georgia · 1897
- Herrington v. TolbertSupreme Court of Georgia · 1900
- Barden v. GradySupreme Court of Georgia · 1868
- Craigmiles v. GambleSupreme Court of Georgia · 1890
- Wright v. ZeiglerSupreme Court of Georgia · 1846
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Thomas v. HudsonSupreme Court of Georgia · 1940
- Decatur County Building & Loan Ass'n v. ThigpenSupreme Court of Georgia · 1931
- Hollinshead v. WoodardSupreme Court of Georgia · 1907
- Brewer v. New England Mortgage Security Co.Supreme Court of Georgia · 1916
- Herrington v. ParhamSupreme Court of Georgia · 1928
6 more not listed; retrieve them via the Exa API.