Anderson v. Lee
Supreme Court of Georgia
Claim. Execution. Levy. Description. Before Judge Hall. Newton Superior Court. September Term, 1873. An execution in favor of Stephen C. Glass against Isham H. Berry and Andrew J. Berry, security, was levied upon certain property, as follows: “Levied the within jfi,. fa. on three hundred acres of land, more or less, whereon the defendant’s family now lives, adjoining lands of S. Glass on the west, and others. This 29th December, 1858. (Signed) Lewis Zaci-lry; “D. Sheriff.”
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Claim. Execution. Levy. Description. Before Judge Hall. Newton Superior Court. September Term, 1873. An execution in favor of Stephen C. Glass against Isham H. Berry and Andrew J. Berry, security, was levied upon certain property, as follows: “Levied the within jfi,. fa. on three hundred acres of land, more or less, whereon the defendant’s family now lives, adjoining lands of S. Glass on the west, and others. This 29th December, 1858. (Signed) Lewis Zaci-lry; “D. Sheriff.” A claim was interposed by William Baily. Subsequently the claimant was adjudged a bankrupt and his assignee, Lemuel B.…
1Opinion of the Court
McCay, Judge.
A levy upon land eonsisls in the entry. There is no- other seizure, and the statute, Code, 3640, declares that this entry shall be in writing, shall plainly describe the property levied on and the interest of.the defendant therein. And there is great justice and propriety in this requirement. The seizure of one’s land and the divesting of the title of the defendant in ji. fa. is a high prerogative, and ought only to be done under such circumstances as will do the least harm, and secure to the defendant a fair competition of bidders at its sale. Here was a judgment against two…
2Cited by3 opinions
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- Overby v. HartSupreme Court of Georgia · 1882
- Citizens National Bank v. Interior Land & Immigration Co.Court of Appeals of Texas · 1896