Deloach & Wilcoxson v. Myrick
Supreme Court of Georgia
Levy and claim, in Upson Superior C'ourt. Tried before1 Judge Floyd, October Term, 18481 An execution in favor of Matthew H. Myrick, issued from Up-son Superior Court, against John E. Hudson and others, was levied on a slave by the name of Sandford',.on the 26th day of August, 1847, which was claimed by the plaintiffs in error.
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Levy and claim, in Upson Superior C'ourt. Tried before1 Judge Floyd, October Term, 18481 An execution in favor of Matthew H. Myrick, issued from Up-son Superior Court, against John E. Hudson and others, was levied on a slave by the name of Sandford',.on the 26th day of August, 1847, which was claimed by the plaintiffs in error. The-cause stood for trial on the appeal at the February Term of said¡ Court, 1849. The plaintiff offered in evidence the execution, which was objected’ to by claimant on two grounds. 1st. Because the judgment upon which it was founded should’ first be-shown in…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] Upon the trial of this claim, the claimant objected to the execution going in evidence, until the judgment upon which it was founded was produced. The objection was overruled. We are asked to say whether that was or not an error. By the Common Law, the remedy of a party, whether the defendant in execution or a stranger, aggrieved by the levy of an execution upon property not liable to it, is an action of trespass. The rule of the Common Law is this : if the defendant in execution brings trespass against the Sheriff, he,(the Sheriff) can…
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