Adams v. Aycock
Court of Appeals of Georgia
Complaint; from city court of Madison — Judge Anderson. July 10, 1912. A common-law fi. fa. which was issued September 11, 1911, for :$1,000, principal, and $152.46 interest, and $115.24 attorney’s fees, in favor of Abernathy and against the Buckhead Lumber Company, was levied on certain real estate and- personalty as the property of the defendant in fi. fa.
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Complaint; from city court of Madison — Judge Anderson. July 10, 1912. A common-law fi. fa. which was issued September 11, 1911, for :$1,000, principal, and $152.46 interest, and $115.24 attorney’s fees, in favor of Abernathy and against the Buckhead Lumber Company, was levied on certain real estate and- personalty as the property of the defendant in fi. fa. The property was regularly brought to sale on January 2, 1912, and was bid in by Adams for $1,265. He refused to comply with the bid, and the sheriff resold the property at his risk. On resale it brought only $350, and the sheriff brought…
1Opinion of the CourtPottle, J.
1. The point mainly insisted on for Adams is that the suit should have been instituted for the use of Abernathy, as the - real plaintiff, since he was entitled to the benefit of the recovery. Under the code the sheriff has an option -to proceed directly against a defaulting bidder for the recovery of the amount of the bid, or he can resell, and recover any deficiency between the amount realized at the second sale and the sum bid at the first. Civil Code (1910), § 6071. It is expressly provided that the officer making the sale may institute the suit, “for the use of the plaintiff or defendant…
2Cases cited5 opinions
- Pinkston v. HarrellSupreme Court of Georgia · 1898
- Jinks v. American Mortgage Co.Supreme Court of Georgia · 1897
- Glenn v. BlackSupreme Court of Georgia · 1860
- Jones v. RountreeCourt of Appeals of Georgia · 1912
- Barnes v. Bluthenthal & BickartSupreme Court of Georgia · 1897
3Cited by3 opinions
- Bowers v. Fulton CountyCourt of Appeals of Georgia · 1970
- Georgia Subsequent Injury Trust Fund v. Muscogee Iron WorksSupreme Court of Georgia · 1995
- Paris v. Farmers & Merchants BankSupreme Court of Georgia · 1915