Rival v. Gallagher
Supreme Court of Georgia
Claim. Mortgage. Sheriff. Possession. Before Judge-Gibson. Richmond Superior Court. April Term, 1873. Rival brought case against Gallagher for removing him and his goods, wares and merchandise, from a certain storeroom and. premises in the city of Augusta. The defendant, pleaded the general issue. The errors complained of will sufficiently appear from the motion for a new trial.
Read the full summary
Claim. Mortgage. Sheriff. Possession. Before Judge-Gibson. Richmond Superior Court. April Term, 1873. Rival brought case against Gallagher for removing him and his goods, wares and merchandise, from a certain storeroom and. premises in the city of Augusta. The defendant, pleaded the general issue. The errors complained of will sufficiently appear from the motion for a new trial. The jury found for the defendant. ■ The plaintiff moved for a new trial upon the following grounds : 1st. Because the court erred in refusing to charge the jury, as follows: “A sheriff has no authority to put a…
1Opinion of the Court
McCay, Judge.
The judgment in the claim case that the land sold under the mortgage fi. fa. was subject to it as against Raoult and his tenants, was conclusive that they had nothing in it superior to the title obtained by Mr. Gallagher at the sheriff’s sale. It has always been the rule in Georgia that whilst a claimant is not obliged to claim, yet if he does do so, and the land be found subject, he cannot afterwards insist on his title; *632the judgment is an estoppel upon him. Unless this be so, the whole proceedings in the claim case are nugatory. The purchaser stands as a privy to the plaintiff…
2Cited by2 opinions
- Mattlage v. Mulherin's Sons & Co.Supreme Court of Georgia · 1899
- Cosnahan v. JohnstonSupreme Court of Georgia · 1899