Horton & Rikeman v. Kohn
Supreme Court of Georgia
Injunction. Illegal sale. Mortgage. Before Judge Harvey. Floyd Superior Court. January Adjourned Term, 1872. On October 30th, 1871, an alias mortgage execution in favor or Horton & Rikeman, against John G. McKenzie, was levied upon the west half of lot number forty-six, in the Coosa division of the city of Rome, with the improvements thereon, as the property of the defendant. A claim was filed to the land levied on by Morris Kohn.
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Injunction. Illegal sale. Mortgage. Before Judge Harvey. Floyd Superior Court. January Adjourned Term, 1872. On October 30th, 1871, an alias mortgage execution in favor or Horton & Rikeman, against John G. McKenzie, was levied upon the west half of lot number forty-six, in the Coosa division of the city of Rome, with the improvements thereon, as the property of the defendant. A claim was filed to the land levied on by Morris Kohn. Upon the trial of the issue thus formed, the evF dence made the following case: On the 28th day of March, 1851, Alfred Shorter sold to John G. McKenzie lot number…
1Opinion of the Court
McCay, Judge.
It is not necessary to discuss many of the points so elaborately insisted on in the argument of this case. If the charge of the Court, as to the effect of the previous sale upon the fi. fa. is right, there is no error in the judgment refusing a new trial. In common language we call a process of this sort a fi. fa. but it is in fact an order to the sheriff to seize and sell a particular parcel of land. This the proof showed the sheriff had done. That the plaintiff’s attorney had directed him to levy the fi. fa. on the land, that he had done so, advertised and sold it, and that the…
2Cited by2 opinions
- Lowry v. RichardsSupreme Court of Georgia · 1879
- Napier v. Saulsbury, Respess & Co.Supreme Court of Georgia · 1879