Neal v. Kerrs & Hope
Supreme Court of Georgia
Notice; Lien; This was a rule nisi vs. the sheriff, to pay over money.- Tried before Judge Floyd, in Pike Superior Court, August Term, 1847. For the facts of the case, the reader is feferred to the opinion delivered by the Supreme Court. Chappell and Gibson, for the jilaintiffs in error, relied upon the following authorities. 4 Kent’s Comm. 168. 4 Paige’s R. 215. 3 Atk. R. 646. 10 Johns. R. 460. 15 Johns. R. 566 to 569. 18. Johns. R. 544. 19 Johns. R. 281. 19 Wend.
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Notice; Lien; This was a rule nisi vs. the sheriff, to pay over money.- Tried before Judge Floyd, in Pike Superior Court, August Term, 1847. For the facts of the case, the reader is feferred to the opinion delivered by the Supreme Court. Chappell and Gibson, for the jilaintiffs in error, relied upon the following authorities. 4 Kent’s Comm. 168. 4 Paige’s R. 215. 3 Atk. R. 646. 10 Johns. R. 460. 15 Johns. R. 566 to 569. 18. Johns. R. 544. 19 Johns. R. 281. 19 Wend. R. 515. 20 Wend.-R.18, 19. 2 Sng. on Vend. 254. 2 Powell on Mortgages, ch. 14, page 571. Prince’s Dig. 165, 166, 158. 2 Bailey’s…
1Opinion of the Court
*162 By the Court
Lumpkin, J.
delivering die opinion.
On the 20th day of January, 1838, Jeptha Y. George executed a mortgage on Nelson, a negro fellow, to James Neal, to secure the payment of a promissory note for $2500, which was recorded on the sixth day of July of the same year. On the' eighth day of April, 1842, James Neal foreclosed his mortgage and caused an execution to issue thereon, which, on the 27th day of September, 1844, was levied on Nelson, and on the first Tuesday in, February thereafter, said slave was sold for the sum of $890.
On the 6th day of November, 1840, the said George made…
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