Hawkins v. Johnson
Supreme Court of Georgia
Equitable petition. Before Judge Lewis.- Baldwin, superior court. January 16, 1907. A. S. Johnson and Mrs. Elizabeth Johnson, as testamentary trustees of the estate of Thomas Johnson, deceased, brought an equitable-petition against S. "W. Hawkins, whereby they sought to restrain the defendant, who was alleged to be insolvent, from trespassing upon certain described lands, alleged to be the property of such estate and to have been taken possession of by defendant, and from…
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Equitable petition. Before Judge Lewis.- Baldwin, superior court. January 16, 1907. A. S. Johnson and Mrs. Elizabeth Johnson, as testamentary trustees of the estate of Thomas Johnson, deceased, brought an equitable-petition against S. "W. Hawkins, whereby they sought to restrain the defendant, who was alleged to be insolvent, from trespassing upon certain described lands, alleged to be the property of such estate and to have been taken possession of by defendant, and from interfering with the right of plaintiffs to occupy the same; and also to recover the land. Subsequently, by consent of…
1Opinion of the CourtFish, C. J.
(After stating the facts.)
1. The levies were not "illegal and void because of indefinite and insufficient description of the lands mentioned in them,” nor was the sheriff’s advertisement under which the land 'was sold, or the deed which he made in pursuance of the sale, open to this objection. The land levied upon was described in the first entry of levy as “all that tract of land in said county on which Nathan Hawkins . . lived at the time of his death, containing sixteen hundred and sixty-six and three fourths acres, subject to the widow’s dower in seven hundred and one acres, all in…
2Cases cited7 opinions
- McAfee v. ArlineSupreme Court of Georgia · 1889
- Bird v. BurgsteinerSupreme Court of Georgia · 1897
- Jinks v. American Mortgage Co.Supreme Court of Georgia · 1897
- Collins v. BoringSupreme Court of Georgia · 1895
- Parler v. JohnsonSupreme Court of Georgia · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fletcher v. HallSupreme Court of Georgia · 1910
- Hardin v. DouglasSupreme Court of Georgia · 1929
- Knight v. WoodSupreme Court of Georgia · 1917
- Rowland v. SumnerSupreme Court of Georgia · 1946
- Clarke v. JensonSupreme Court of Georgia · 1928
1 more not listed; retrieve them via the Exa API.