O'Kelley v. Gholston
Supreme Court of Georgia
Levy and Sale. Title. Estoppel. Cancellation of deed. Tender. Before Judge McWhorter. Madison superior court. September term, 1890. This case was made by petition in equity of S. C. O’Kelley as administrator of H. P. Smith, against R. B. Gholston, alleging as follows: H. P. Smith died intestate, leaving debts unpaid and several heirs at law.
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Levy and Sale. Title. Estoppel. Cancellation of deed. Tender. Before Judge McWhorter. Madison superior court. September term, 1890. This case was made by petition in equity of S. C. O’Kelley as administrator of H. P. Smith, against R. B. Gholston, alleging as follows: H. P. Smith died intestate, leaving debts unpaid and several heirs at law. At the time of his death and for twenty years next preceding, he was imbecile and totally unfit to transact any business, was subject to spasms, and for the greater part of the time almost a driveling idiot, and was totally incapable of defending suits,…
1Opinion of the Court
Boynton-, Judge.
A sheriff or other officer, in making an entry of a levy on land, must give a plain and specific description thereof, and also state the interest of the defendant therein. This should be repeated in the advertisement. The description must be sufficiently distinct and elaborate to enable bidders at the sale to identify the premises by the boundary, number or name, or some other pointer contained in the levy and advertisement. Good faith to the defendant in execution and justice to the bidder, as well as the law, require this degree of care and particularity on the part of the…
2Cases cited5 opinions
- Whatley v. Doe ex dem. NewsomSupreme Court of Georgia · 1851
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- Collins v. DixonSupreme Court of Georgia · 1884
- Brown v. MoughonSupreme Court of Georgia · 1883
- Few v. WaltonSupreme Court of Georgia · 1879
3Cited by11 opinions
- Miller v. BrooksSupreme Court of Georgia · 1904
- Murray v. BriggsWashington Supreme Court · 1902
- Rawles v. JacksonSupreme Court of Georgia · 1898
- Ruis v. BranchSupreme Court of Georgia · 1912
- Thornton v. FergusonSupreme Court of Georgia · 1910
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