Carithers v. Venable
Supreme Court of Georgia
Judgments. Husband aud wife. Divorce. Attachment. Judicial sale. Before Judge Rice. Jackson Superior Court. August Term, 1873. On the 8th day of August, 1871, Delila M. Venable commenced her action of ejectment against R. T. Carithers, who pleaded the general issue.
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Judgments. Husband aud wife. Divorce. Attachment. Judicial sale. Before Judge Rice. Jackson Superior Court. August Term, 1873. On the 8th day of August, 1871, Delila M. Venable commenced her action of ejectment against R. T. Carithers, who pleaded the general issue. The plaintiff relied for title on a decree of Jackson superior court in an action of divorce, in the matter of Delila M. Venable vs. John Venable, dated ... day of......, 1867, decreeing to the said Delila for life, and then to her minor children, a certain house and lot in the town of Jeiferson, in said county. Title in John…
1Opinion of the Court
McCay, Judge.
1. We are inclined to the opinion that the charge of the judge, to the effect that if the judgment under which this land was sold, was even in part based on a debt contracted after the separation of Mr. Venable.and wife, the whole judgment would be without a lien, was not correct.. Indeed, just the opposite seems to us the proper rule, to-wit: that if any part *394©f the judgment was for a debt contracted before the separation, the lien of the judgment would be good. The proof distinctly divides the two debts, and we are unable to see why the debt, capable of becoming a lien, should…
2Cited by12 opinions
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- Richards v. EdwardySupreme Court of Georgia · 1912
- Stone v. HuntSupreme Court of Missouri · 1893
- Parks v. WilliamsSupreme Court of Georgia · 1912
- Lamar v. JenningsSupreme Court of Georgia · 1882
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