Solomon v. Breazeal
Supreme Court of Georgia
Claim, in Bibb Superior Court. Decision by Judge Lamar, at November Term, 1858. Under a Ji. fa. issued at the suit of Peter Solomon against Willis S. Breazeal, Henry E. Moore and Mary Moore, the Sheriff of Bibb county made a levy upon certain negroes,, which levy was entered on said fi. fa. in the following words ; “ Levied this fi. fa. on the undivided interest of Mary Moore and Henry E. Moore, in the following negroes: Adam, 45 years old; Charles, 18 years old; Elvira, 38…
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Claim, in Bibb Superior Court. Decision by Judge Lamar, at November Term, 1858. Under a Ji. fa. issued at the suit of Peter Solomon against Willis S. Breazeal, Henry E. Moore and Mary Moore, the Sheriff of Bibb county made a levy upon certain negroes,, which levy was entered on said fi. fa. in the following words ; “ Levied this fi. fa. on the undivided interest of Mary Moore and Henry E. Moore, in the following negroes: Adam, 45 years old; Charles, 18 years old; Elvira, 38 years of agey Richard, 9 years old; Ellen, 8 years of age; Eugene, 1 year old; Eveline, 29years old; Eveline, 9 years…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
The only question in this case is, as to the definiteness of die levy. It is of the interest of the defendant in certain ¡slaves, and refers to a deed of record showing what that interest is.
No case decided by this Court controls this. Here, the instrument of writing referred to, shows the interest of the defendants in the property, and that is what is levied on. And if there be doubt or uncertainty resulting from Ihe construction of the deed, or from outside facts — such as the number of children, &c,. — that the purchaser must ascertain for…
2Cited by3 opinions
- Brown v. ChambersTexas Supreme Court · 1885
- Sears v. BagwellSupreme Court of Georgia · 1882
- Williams v. GillySupreme Court of Georgia · 1909