Rogers v. McDill
Supreme Court of Georgia
Claim, in Forsyth Superior Court. Tried before Judge John H. Lumpkin, February Term, 1845. The record in this case disclosed the following facts : Sundry attachments had been issued from a Justice’s Court in Forsyth County, against one Seaborn Corderey, in favor of different creditors. The Justice’s Court had given judgment thereon, and passed an order that the property attached, which consisted both of land and personalty, should be sold to satisfy the attachments.
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Claim, in Forsyth Superior Court. Tried before Judge John H. Lumpkin, February Term, 1845. The record in this case disclosed the following facts : Sundry attachments had been issued from a Justice’s Court in Forsyth County, against one Seaborn Corderey, in favor of different creditors. The Justice’s Court had given judgment thereon, and passed an order that the property attached, which consisted both of land and personalty, should be sold to satisfy the attachments. The personal property was sold accordingly; the land was claimed by Rogers, the plaintiff in error, and the claim was returned…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Upon examining this record, we find it unnecessary to decide any of the questions made in the bill of exceptions.
[1.] There is no authority of law to sell land by an order of the Magistrates, under attachment returnablelo Justice’s Courts. It can only be done under an execution, issuing upon the judgment in attachment. Prince, 503 — ’4. The levies, therefore, in this case, are illegal, having been made by virtue of a void process. Should the property be condemned and sold, the title would not be divested, and the purchaser would take nothing. It…
2Cited by1 opinion
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