Stewart v. Berry
Supreme Court of Georgia
Levy and sale. Yendor and purchaser. Rescission. Judgments. Evidence. Notice. Bonds for title. Before J udge Milner. Murray superior court.
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Levy and sale. Yendor and purchaser. Rescission. Judgments. Evidence. Notice. Bonds for title. Before J udge Milner. Murray superior court. August term, 1889. A fi. fa. issued from a judgment of August 16, 1886, was, on January 8, 1889, levied on 80 acres of land oft the northwest side of lot No. 225 in the 9th district and 3rd section of Murray county, known as the Eldridge place, C. N. Yance being then resident upon it; also upon 43 acres in the northeast corner of said lot, lying east of the Spring place and Cohutta Springs road, ‘•'now in possession of "W". Ii. Staples.” The levy recited…
1Opinion of the Court
Bleckley, Chief Justice.
1. The first question' is, assuming that part of the purchase money was paid, whether a rescission of the contract after the judgment was rendered, but before the execution was levied, would prevent the land from being subject to be.seized and sold as the property of the purchaser. The code, §8580,is in these words: “All judgments obtained in the superior, justices’ or other courts of this State shall be of equal dignity, and shall bind all the property of the defendant, both real and personal, from the date of such judgment, except as otherwise provided in this code.”…
2Cases cited6 opinions
- Wilkerson v. BurrSupreme Court of Georgia · 1851
- Mitchell v. AddisonSupreme Court of Georgia · 1856
- Dowdell v. NealSupreme Court of Georgia · 1851
- Estes v. IveySupreme Court of Georgia · 1874
- Rawson v. CoffinSupreme Court of Georgia · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Butler v. WilkinsonUtah Supreme Court · 1987
- Duncan v. ClarkSupreme Court of Georgia · 1895
- Belieu v. PowerCalifornia Court of Appeal · 1921
- Deariso & Co. v. LawrenceCourt of Appeals of Georgia · 1908
- Kidd v. KiddSupreme Court of Georgia · 1924
3 more not listed; retrieve them via the Exa API.