Jeffries v. Bartlett
Supreme Court of Georgia
Bankruptcy. Judgments. Words and Phrases. Idem Sonans. Illegality. Levy and Sale. Advertisement. Before Judge Lawson. Jasper Superior Court. April Term, 1885. A fi.fa. in favor of George T. Bartlett against Colbert Jeffries et al., based on a judgment rendered in 1861, was levied on certain land, as the property of Colbert Jeffries. He interposed an affidavit of illegality, on the grounds which are substantially set out in the decision.
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Bankruptcy. Judgments. Words and Phrases. Idem Sonans. Illegality. Levy and Sale. Advertisement. Before Judge Lawson. Jasper Superior Court. April Term, 1885. A fi.fa. in favor of George T. Bartlett against Colbert Jeffries et al., based on a judgment rendered in 1861, was levied on certain land, as the property of Colbert Jeffries. He interposed an affidavit of illegality, on the grounds which are substantially set out in the decision. Cn demurrer, the affidavit was dismissed, and the defendant excepted.
1Opinion of the Court
Blandeord, Justice.
This was an affidavit of illegality, filed by plaintiff in error, to an execution issued upon a judgment .rendered in 1861 in favor of George T. Bartlett against the affiant.
(1.) The first ground alleges that affiant was adjudicated a bankrupt after the passage of the bankrupt act of 1867, and that he had obtained his discharge, and that the debt of the plaintiff was thereby discharged, as the same was provable under said act, and that the land levied on had been set apart to him as an exemption in bankruptcy by the assignee, and was not subject to the levy, etc.
(2.) That…
2Cases cited1 opinion
- Jones v. Lellyett & SmithSupreme Court of Georgia · 1869
3Cited by18 opinions
- Conley v. RedwineSupreme Court of Georgia · 1900
- Fitzgerald Granitoid Co. v. Alpha Portland Cement Co.Court of Appeals of Georgia · 1914
- Marshall v. Armour Fertilizer WorksCourt of Appeals of Georgia · 1919
- Broach v. PowellSupreme Court of Georgia · 1887
- Felker v. JohnsonSupreme Court of Georgia · 1940
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