Horton v. Clark
Supreme Court of Georgia
Dormant Judgments. Statute of Limitations. .Before Judge Green. Newton Superior Court. September Term, 1869. ^ On the 3rd of October, I860:, a mortgage fi. fa. was issued in favor qí Clark as executor of Conyers, against certain lands therein named, which Horton had mortgaged. No entry was made by any officer on said ft. fa. till it was levied .upon-said lands, on the 29th of October, 18Í38. Turner filed his oath of illegality, averring that said fi. fia., was dormant, etc.
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Dormant Judgments. Statute of Limitations. .Before Judge Green. Newton Superior Court. September Term, 1869. ^ On the 3rd of October, I860:, a mortgage fi. fa. was issued in favor qí Clark as executor of Conyers, against certain lands therein named, which Horton had mortgaged. No entry was made by any officer on said ft. fa. till it was levied .upon-said lands, on the 29th of October, 18Í38. Turner filed his oath of illegality, averring that said fi. fia., was dormant, etc. All the other questions being waived, and that being submitted to the Court, he held that the fi. fa. was not dormant,…
1Opinion of the CourtMcCay, J.
It was assumed, in the argument of this case, for the plain-' tiff in error, that this Court, in the case of Shivers and Battle, 39th .Georgia, 405-416, had held the eighth section of the Act of March 6th, 1856, not a statute of limitations, and therefore not suspended by the various Acts from 1860 to 1865, suspending the statutes of limitations. There are, it is true, some expressions there used indicating that the Court did not consider that section of the Act of 1856, a statute of limitations, but an Act regulating the lien of judgments. But a close inspection of that decision will show,…
2Cited by3 opinions
- Collier v. Bank of TupeloSupreme Court of Georgia · 1940
- Stiles v. ElliottSupreme Court of Georgia · 1881
- Carter-Moss Lumber Co. v. ShortCourt of Appeals of Georgia · 1941