Legal Opinion

Horn v. Ross & Leitch

Supreme Court of Georgia

Decided June 15, 1856No. 39PublishedCited by 10 opinions

Claim, in Baker Superior Court. Decided by Judge At-., hen, May Term, 1856. A fi. fa. in favor of Ross & Leitcb against Thornbury & Harvard, bearing date the 23d of December, 1852, was levied on six negroes, as the property of Harvard, one of the defendants, and a claim to the negroes interposed by Charles-W. Horn, trustee for Mrs. Laodicea J. Harvard.

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Claim, in Baker Superior Court. Decided by Judge At-., hen, May Term, 1856. A fi. fa. in favor of Ross & Leitcb against Thornbury & Harvard, bearing date the 23d of December, 1852, was levied on six negroes, as the property of Harvard, one of the defendants, and a claim to the negroes interposed by Charles-W. Horn, trustee for Mrs. Laodicea J. Harvard. The claim case came on for trial at May Term, 1856, of Baker Superior Court, when plaintiff in fi. fa. introduced the following evidence : 1st. The fi. fa. by virtue of which the levy was made, the same being for $65 83 principal, and $4 02…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

Was the Court below right in over-ruling the objections to the admission in evidence of the claim fi. fa. ?

They?, fa. was for only $65 83. It had on its back an entry,, stating that it had been levied on five negroes. This «entry bore date the 4th of January, 1833. They?, fa. had

■ also on its back, another entry of the same date, stating that the megroes levied on had been sold on that day; and that the money for which four of them sold, had been applied to a

■ mortgage fi. fa.; and that the money for which the fifth sold, had been held up subject…

2Cited by10 opinions

  1. Coldwell Co. v. CowartSupreme Court of Georgia · 1912
  2. First National Bank v. BaylessSupreme Court of Georgia · 1895
  3. City Council v. PearceSupreme Court of Georgia · 1887
  4. Rountree v. GauldenSupreme Court of Georgia · 1907
  5. Powell v. WattsSupreme Court of Georgia · 1884

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