Dearing v. Thomas
Supreme Court of Georgia
Claim, from Lumpkin county. Decided by Judge Rice, February Term, 1858. This case came on in the Court below upon a rule nisi against the Sheriff, requiring him to show cause why he did not pay over to Thomas, his agent or attorney, $200, arising from the sale of his (Thomas’) property under an execution from the Superior Court, in favor of Dearing. The claim was made under the statute exempting certain property from levy and sale.
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Claim, from Lumpkin county. Decided by Judge Rice, February Term, 1858. This case came on in the Court below upon a rule nisi against the Sheriff, requiring him to show cause why he did not pay over to Thomas, his agent or attorney, $200, arising from the sale of his (Thomas’) property under an execution from the Superior Court, in favor of Dearing. The claim was made under the statute exempting certain property from levy and sale. A statement of facts was agreed upon by the counsel, to the effect that a portion of the defendants family was in possession of the property at the time of the…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] This cause was heard and determined at the February Term of the Superior Court of Lumpkin county, 1858. It seems, from an agreement of the counsel, not referred to in the foregoing statement of the case, that the sale of the property from which the money was raised, which gives rise to this contest, was made in October, 1857, under an order of Court passed at the previous August Term. It does not appear in the Record why it was that the Court passed this order. It may have been on some dispute or issue in respect to the value of the…
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