Legal Opinion

Charles v. Foster

Supreme Court of Georgia

Decided July 15, 1876PublishedCited by 12 opinions

Levy and sale. Claim. Rule. Comity. Practice in the Supreme Court. Before Judge Knight. Forsyth Superior Court. April Term, 1876. The opinion and the fifth head-note sufficiently report this case.

1Opinion of the Court

Bleckley, Judge.

A deputy sheriff being ruled by the plaintiff in ft. fa. for not selling certain land which had been duly levied upon and advertised for sale, made answer that the sale was not had because of the interposition of a claim by a third person, not a party to the execution. The plaintiff traversed that part of the answer. It appears from the record that the claim referred to by the officer was an affidavit and bond purporting to have been executed in the state of Illinois, before a notary public of that state, and that both the claimant and her security in the so-called claim bond…

2Cited by12 opinions

  1. Castellaw v. BlanchardSupreme Court of Georgia · 1898
  2. Simpson v. WickerSupreme Court of Georgia · 1904
  3. Brunswick Hardware Co. v. BinghamSupreme Court of Georgia · 1899
  4. Morgan v. Baxter & Co.Supreme Court of Georgia · 1901
  5. Gladden v. CobbSupreme Court of Georgia · 1884

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