Tucker v. Respass
Supreme Court of Georgia
Rule, against sheriff. Motion to have fi. fa. returned and entered satisfied. Decision by Judge Allen, at Baker superior court, May Term, 1859. On the 17th of June, 1847, a writ of fieri facias was issued from the superior court of Baker county, in favor of Josiah Respass, against William H. Luckie, as principal,' and Anderson D. Moore and Carna Burnam, -as securities..
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Rule, against sheriff. Motion to have fi. fa. returned and entered satisfied. Decision by Judge Allen, at Baker superior court, May Term, 1859. On the 17th of June, 1847, a writ of fieri facias was issued from the superior court of Baker county, in favor of Josiah Respass, against William H. Luckie, as principal,' and Anderson D. Moore and Carna Burnam, -as securities.. It was soon afterwards placed in the hands of the sheriff of Baker county, and by him levied upon one-half of lot of land No. 264, in the 7th district of Baker county, as tbe property of A. D. Moore. This levy bears date…
1Opinion of the Court
*616 By the Court.
Benning, J.,
delivering the opinion.
This case consists of two distinct cases ; cases, however, which have many things in common. One of the two grew out of a motion, that the fi. fa. should be entered satisfied ; the other, out of a rule against the sheriff that he should pay over to the plaintiff in the fi. fa. the amount of the fi. fa.
The two cases will be considered separately, the one growing out of the motion first.
The motion was made by Griffin, the executor of Moore, a defendant in the fi. fa. The motiou was preceded by a long preamble, stating the grounds on which the…
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