Legal Opinion

Hart v. Hatcher & Brannon

Supreme Court of Georgia

Decided October 9, 1883PublishedCited by 3 opinions

Mortgage. Practice in Superior Court. Process. Before Judge Willis. Marion Superior Court. April Term, 1883. Reported in the decision.

1Opinion of the Court

Hall, Justice.

The plaintiffs foreclosed a mortgage upon personal property, and upon this j udgment of foreclosure an execution issued, and was levied upon the property mortgaged, which was advertised for sale, when the defendant filed and delivered to the sheriff an affidavit to the judgment of foreclosure, and thereupon the sale was postponed, and the execution and affidavit were returned. Before the trial of the issue thus formed, and in a few days after the affidavit was made and delivered to the sheriff, the plaintiffs voluntarily dismissed the suit, and having paid the cost of the…

2Cases cited3 opinions

  1. Rountree v. RutherfordSupreme Court of Georgia · 1880
  2. Walker v. BurtSupreme Court of Georgia · 1876
  3. Dawson v. GarlandSupreme Court of Georgia · 1883

3Cited by3 opinions

  1. Bank of Forsyth v. GammageSupreme Court of Georgia · 1899
  2. Dampier v. Citizens & Southern National BankCourt of Appeals of Georgia · 1973
  3. In re HarperDistrict Court, N.D. Georgia · 1924

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