Legal Opinion

Collins & Son v. Hudson

Supreme Court of Georgia

Decided October 3, 1882PublishedCited by 3 opinions

Levy and Sale. Sheriffs. Nullities. Claim. Evidence. Practice in Supreme Court.' Before Judge SlMMONS. Macon Superior Court. June Adjourned Term, 1882. A fi. fa. in favor of Collins & Son vs. Barbour, was levied on certain land to which a claim was interposed by Hudson, trustee. On the trial, plaintiffs tendered in evidence the fi.fa. with the entry of levy thereon. This entry showed that the land was located in Macon county, and was signed by the sheriff of Houston county.

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1Opinion of the Court

Jackson, Chief Justice.

This was a claim case. The levy was made by the *686sheriff of Houston county, on land in Macon county, and plaintiffs offered to prove that there was then no sheriff in Macon, so as to bring the case within the Code; but no ■offer was made to amend the levy and insert therein the authority to levy. The levy was dismissed, and the plaintiff excepted.

1. A levy by one without authority is no levy, and sale under it, no sale. 60 Ga., 466. Therefore, as the sheriff showed he had no power to levy, it was null and void.

2. The title of the purchaser ought to show a good levy,…

2Cases cited2 opinions

Morris v. TinkerSupreme Court of Georgia · 1878
Rutherford v. CrawfordSupreme Court of Georgia · 1874

3Cited by3 opinions

Oliver v. WarrenSupreme Court of Georgia · 1905
Manley v. McKenzieSupreme Court of Georgia · 1907
Dorminey v. DeLangSupreme Court of Georgia · 1908