Legal Opinion

Lovett v. Moore

Supreme Court of Georgia

Decided February 29, 1896PublishedCited by 8 opinions

Levy and claim Before Judge Gamble. Burke superior court. May term, 1895. An execution of favor of R. O. Lovett against J. E. Sapp, based upon a judgment of December 9, 1893, was levied upon certain land which was claimed by James B. Moore. Upon the trial the following facts were admitted: In 1887 a suit was filed in the superior court by the children of W. B. Jones against J. E. Sapp, to recover a tract of land, part of which was the land involved in the present case.

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Levy and claim Before Judge Gamble. Burke superior court. May term, 1895. An execution of favor of R. O. Lovett against J. E. Sapp, based upon a judgment of December 9, 1893, was levied upon certain land which was claimed by James B. Moore. Upon the trial the following facts were admitted: In 1887 a suit was filed in the superior court by the children of W. B. Jones against J. E. Sapp, to recover a tract of land, part of which was the land involved in the present case. Said suit was removed into the U. S. circuit court, and decree was there rendered in December, 1891, determining that the…

1Opinion of the Court

Atkinson, Justice.

The facts are stated in tbe official report.

1. Tbe lien of the attorney, if any, rests upon section 1989 of tbe code. That section provides that, “Upon all suits for the recovery of real and personal property, and upon all judgments or decrees for the recovery of tbe same, attorneys at law shall have a lien on tbe property recovered, for their fees, superior to all liens but liens for taxes, which may be enforced by said attorneys at law, or their lawful representatives, as liens on personal and real estate, by mortgage and foreclosure, and the property recovered shall…

2Cases cited1 opinion

  1. Wilson v. WrightSupreme Court of Georgia · 1884

3Cited by8 opinions

  1. In Re FunkDistrict Court, W.D. Virginia · 1932
  2. Suwannee Turpentine Co. v. Baxter & Co.Supreme Court of Georgia · 1900
  3. Merchants National Bank v. ArmstrongSupreme Court of Georgia · 1899
  4. Johnson v. GiraudSupreme Court of Georgia · 1941
  5. Prudential Insurance v. ByrdSupreme Court of Georgia · 1939

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