Overby v. Hart
Supreme Court of Georgia
Levy and Sale. Executions. Trusts. Title. Evidence. Before Judge CRISP. Stewart Superior Court. October Term, 1881. A fi.fa. in favor of Hart against Brown, based on a judgment rendered in 1869, was levied on a certain lot which was claimed by Overby. On the trial, plaintiff in fi.fa. offered to put the execution in evidence.
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Levy and Sale. Executions. Trusts. Title. Evidence. Before Judge CRISP. Stewart Superior Court. October Term, 1881. A fi.fa. in favor of Hart against Brown, based on a judgment rendered in 1869, was levied on a certain lot which was claimed by Overby. On the trial, plaintiff in fi.fa. offered to put the execution in evidence. On it was an entry of levy on a lot in Terrell county, and an order dismissing a claim which had been filed thereto and directing the fi. fa. to proceed. Claimant in the present case objected to the introduction of the fi. fa. because there was no disposition of the…
1Opinion of the Court
Jackson, Chief Justice.
1. On the trial of this claim case, it was objected by claimant that a levy on another piece of land was not disposed of, and that therefore this second levy on other land and iheft.fa. on which it appeared should be rejected as evidence for plaintiff. The land first levied on had been claimed and the claim withdrawn, and the ft. fa. ordered to proceed, and it is argued that it must proceed on the first levy first.
We cannot see why. The first levy being on land, was no satisfaction of the judgment, as it might have been on personal property, and this takes the point…
2Cases cited3 opinions
- Brooks v. RooneySupreme Court of Georgia · 1852
- Deloach & Wilcoxson v. MyrickSupreme Court of Georgia · 1849
- Anderson v. LeeSupreme Court of Georgia · 1874
3Cited by7 opinions
- Jackson v. SandersSupreme Court of Georgia · 1945
- Hines v. LavantSupreme Court of Georgia · 1924
- Harvey v. CubbedgeSupreme Court of Georgia · 1885
- Howland v. DonehooSupreme Court of Georgia · 1914
- Cooper v. YearwoodSupreme Court of Georgia · 1903
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