Glenn v. Black
Supreme Court of Georgia
Assumpsit, in Chattooga Superior Court. Tried before Judge Walker, at the March Term, i860. This was an action brought by Charles D. Black, as sheriff of Chattooga county, for the use of divers judgment creditors of Little B. Strange, against Jesse A. Glenn, to recover the purchase price of a lot of land sold by said sheriff, at sheriff’s sale, as the property of said Strange, and bid off by said Glenn.
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Assumpsit, in Chattooga Superior Court. Tried before Judge Walker, at the March Term, i860. This was an action brought by Charles D. Black, as sheriff of Chattooga county, for the use of divers judgment creditors of Little B. Strange, against Jesse A. Glenn, to recover the purchase price of a lot of land sold by said sheriff, at sheriff’s sale, as the property of said Strange, and bid off by said Glenn. On the trial of the case in the Court below, the evidence disclosed the following state of facts: On the first Tuesday in January, 1857, the plaintiff sold at sheriff’s sale, in due form, lot…
1Opinion of the Court
By the Court.
Jenkins, J.,
delivering the opinion.
1. The first exception presented by the record in this cast is, that the verdict is contrary to the charge of the Court.
The Court charged the jury, “that the plaintiff must show a sale, by the sheriff, under an execution, which must be produced, or its absence accounted for.” The brief of evidence in the record shows, that the land was sold under the execution in favor of Leander W. Crook, and under no other, though two others which were in evidence had been levied on the land more than a year previously, but were permitted to lie inactive in…
2Cited by9 opinions
- Atlanta Trust & Banking Co. v. NelmsSupreme Court of Georgia · 1902
- Walker v. BradenSupreme Court of Kansas · 1886
- Sharman v. WalkerSupreme Court of Georgia · 1881
- Adams v. AycockCourt of Appeals of Georgia · 1912
- Texas Company v. HallCourt of Appeals of Georgia · 1940
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