Lynch v. Pressley
Supreme Court of Georgia
Levy and claim, in Putnam Superior Court. Decision by Judge Johnson, March Term, 1850. This was an issue, upon a claim interposed by Moses Pressley, to property levied on by an execution in favor of plaintiff in error vs. Simeon Fuller, Jr. and Simeon Fuller. Upon the trial, the execution was offered in evidence, upon which appeared a former levy, as follows : “Levied this ji. fa. on the following named negroes : Clayton, a man, and Elias, a man, this 31st day of May.
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Levy and claim, in Putnam Superior Court. Decision by Judge Johnson, March Term, 1850. This was an issue, upon a claim interposed by Moses Pressley, to property levied on by an execution in favor of plaintiff in error vs. Simeon Fuller, Jr. and Simeon Fuller. Upon the trial, the execution was offered in evidence, upon which appeared a former levy, as follows : “Levied this ji. fa. on the following named negroes : Clayton, a man, and Elias, a man, this 31st day of May. W. T. SALMONS, Sheriff. " Claim interposed by James M, Pressley, agent for Moses Pressley, for Clayton, one of the negroes,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Can an execution which has been levied on personal property, which is claimed by a third person, be re-levied until the claim is disposed of? We are not prepared to say that it could not. A distress which will answer only part of the rent, may be followed up by immediately distraining again. Bradley on Distress, 130. Any other doctrine would be ruinous to creditors. A levy is made on a modicum of property, which, at a fair sale, would not pay a tithing of the debt — a horse, for instance, to sat*329isfy a fi. fa. of a thousand dollars. A claim…
2Cases cited3 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Johnson v. HarveyMassachusetts Supreme Judicial Court · 1808
- Newsom v. McLendonSupreme Court of Georgia · 1849
3Cited by1 opinion
- Ayers v. LambSupreme Court of Georgia · 1880