Legal Opinion

Carhart v. Vann

Supreme Court of Georgia

Decided July 15, 1872PublishedCited by 2 opinions

Administrator’s sale. Title. Judgment lien. Before Judge Harrell. Miller Superior Court. April Term, 1872. James D. Carhart and William B. Carhart brought three actions of complaint for different tracts of land situated in the county of Miller, two against Mary Vann and the third against Mary Vann and Crawford Long.

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Administrator’s sale. Title. Judgment lien. Before Judge Harrell. Miller Superior Court. April Term, 1872. James D. Carhart and William B. Carhart brought three actions of complaint for different tracts of land situated in the county of Miller, two against Mary Vann and the third against Mary Vann and Crawford Long. The eases were submitted to the Court upon the following agreed facts : “ That the property in controversy was .the property of Joshua S. Vann; that Vann died some time in 1866; that his estate was regularly, administered upon, aud the land in controversy regularly advertised and…

1Opinion of the Court

Montgomery, Judge.

Tit common law, or rather by the operation of the statute of Westminster. 2, 13 Ed., 1, judgment liens existed against the lands of the debtor from the first day of the term at which the judgment was obtained. The statute of frauds, sections 13, 14 and 15, altered the rule so far as purchasers were concerned, and enacted that the judgment as to them should date from the time at which it was actually obtained. If, after judgment against the debtor, he died, his land passed to his heir, cumbered with the judgment lien, the creditor being obliged, of course, to look first to…

2Cases cited1 opinion

  1. Field v. SchieffelinNew York Court of Chancery · 1823

3Cited by2 opinions

  1. Carlton v. DavantSupreme Court of Georgia · 1877
  2. Rhett v. Georgia Land & Cotton Co.Supreme Court of Georgia · 1880

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