Jones v. Parker
Supreme Court of Georgia
Judgments. Levy and sale. Lien. Administrators and executors.. Debtor and creditor. Equity. Pleadings. Before Judge Bartlett. Wilkinson Superior Court.
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Judgments. Levy and sale. Lien. Administrators and executors.. Debtor and creditor. Equity. Pleadings. Before Judge Bartlett. Wilkinson Superior Court. April Term, 1875. Twelve executions in favor of William C. .Parker, against James Jackson, as administrator of Rebecca Jones, all based on judgments obtained at the August term, 1866, of Wilkinson county court, were, on March 1st, 1869, levied on fourteen hundred and sixty acres of land, in the fourth and fifth districts of said county, to satisfy the same, “in accordance with a decree in equity in case of James Jackson vs. J. T. Jones.” The…
1Opinion of the Court
Bleckley, Judge.
The head-notes, read in the light of the reporter’s statement, will disclose the views of the court on the law of tin's case. The land was administered before the creditor obtained his judgments. He cannot, therefore, subject it by levy, without pleading the facts at law in aid of the levy, and having a judgment on such pleadings declaring it subject; or going into equity and obtaining a decree there. The decree heretofore rendered in the equity proceeding, to which he was no party, will not serve his purpose, unless he can get the administrator to enforce that decree and have…
2Cited by10 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1941
- Burgamy v. HoltonSupreme Court of Georgia · 1927
- Redd v. DavisSupreme Court of Georgia · 1877
- Wall v. JonesSupreme Court of Georgia · 1879
- McMillan v. ToombsSupreme Court of Georgia · 1887
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