Legal Opinion

Ayer v. Chapman

Supreme Court of Georgia

Decided January 19, 1916PublishedCited by 10 opinions

Complaint for land. Before Judge Hammond. Richmond superior court. January 19, 1916. This was an action to recover land in the City of Augusta, which was devised under the will of Miss Olivia M. Oliver, probated in 1868. The property was levied upon and sold at city sheriff’s sale on November 5, 1889, under sundry city tax executions .for taxes accruing many years after the death of Miss Oliver.

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Complaint for land. Before Judge Hammond. Richmond superior court. January 19, 1916. This was an action to recover land in the City of Augusta, which was devised under the will of Miss Olivia M. Oliver, probated in 1868. The property was levied upon and sold at city sheriff’s sale on November 5, 1889, under sundry city tax executions .for taxes accruing many years after the death of Miss Oliver. The fi. fas. were issued by the clerk of the City Council'of Augusta against “the estate of Mrs. 0. Oliver” and against “Mrs. 0. Oliver,” and the property was bought at the tax sale on the first…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.) We are of the opinion that the court erred in directing a verdict for the defendant. The tax fi. fas., under which the property in question was levied upon and sold at city sheriff’s sale on November 5, 1889, were void. These fi. fas. were issued out of the office of the clerk of the City Council of Augusta, in favor of the City of Augusta, for city taxes. The fi. fas. for the years 1886 and 1887 were against “Est. of Mrs. 0. Oliver;” for the years 1888 and 1889 against “Mrs. 0. Oliver;” and the special tax fi. fa. for the year .1888 was against “Est. of…

2Cases cited2 opinions

  1. Miller v. BrooksSupreme Court of Georgia · 1904
  2. Jones v. RountreeSupreme Court of Georgia · 1912

3Cited by10 opinions

  1. Bowers v. DolanSupreme Court of Georgia · 1939
  2. Watts v. BootheSupreme Court of Georgia · 1918
  3. McCollum v. LovelessSupreme Court of Georgia · 1938
  4. Penn Mutual Life Insurance v. DonalsonSupreme Court of Georgia · 1933
  5. Carmichael v. MobleyCourt of Appeals of Georgia · 1935

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