Boyd v. McFarlin
Supreme Court of Georgia
Continuance. Levy and Sale. Advertisement. Illegality. Evidence. Before Judge Buchanan. Troup Superior Court. May Term, 1876. An execution in favor of "Wiley P. Burkes against "Wm. M. Boyd, having a transfer thereon to E. S. McEarlin, was levied on certain land as the property of the defendant. The levy was made on January 7th, 1876, and the sale advertised to take place on the first Tuesday in the next month, which came on the first day thereof.
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Continuance. Levy and Sale. Advertisement. Illegality. Evidence. Before Judge Buchanan. Troup Superior Court. May Term, 1876. An execution in favor of "Wiley P. Burkes against "Wm. M. Boyd, having a transfer thereon to E. S. McEarlin, was levied on certain land as the property of the defendant. The levy was made on January 7th, 1876, and the sale advertised to take place on the first Tuesday in the next month, which came on the first day thereof. The defendant filed an affidavit of illegality, based on two grounds: 1. Because the advertisement by the sheriff was not such as is required by the…
1Opinion of the Court
Warner, Chief Justice.
This case came before the court below on an issue formed upon an affidavit of illegality to an execution, made by the defendant therein. There were two grounds of illegality to the execution insisted on by the defendant in his affidavit. First, that the execution, which had been levied on his property, was proceeding illegally to sell the same, because it was levied thereon on the Yth of January, 18Y6, and advertised to be sold on the first Tuesday in February, 18Y6, and therefore it had not been advertised weekly for four weeks, as the statute requires. Second, that the…
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