Mapp v. Thompson
Supreme Court of Georgia
Debt on forthcoming bond, in Monroe Superior Court. Tried before Judge Stark, March Term, 1850. Two slaves were levied upon by the Sheriff of Monroe County, by virtue of a ji. fa. in favor of John F. Thompson, the defendant in error, against Elihu Price and Alexander Russell, as the property of the latter, which were claimed by William F. Mapp, who executed a bond for the forthcoming and delivery of the negroes to the Sheriff at the time and place of holding Sheriff’s sales…
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Debt on forthcoming bond, in Monroe Superior Court. Tried before Judge Stark, March Term, 1850. Two slaves were levied upon by the Sheriff of Monroe County, by virtue of a ji. fa. in favor of John F. Thompson, the defendant in error, against Elihu Price and Alexander Russell, as the property of the latter, which were claimed by William F. Mapp, who executed a bond for the forthcoming and delivery of the negroes to the Sheriff at the time and place of holding Sheriff’s sales in the County of Monroe. The claim was subsequently dismissed, and Mapp neglected to deliver the negroes to the Sheriff,…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] By the Act of 1811, where property is levied upon and claimed, the claimant is entitled to its possession, upon giving bond and security in treble the amount of the execution levied, for the delivery of the property at the time of sale, (provided the property levied on should be found subject to the execution,) and in case the claimant should fail to deliver it at the time and place of sale, agreeably to the terms of the bond, it is made the duty of the officer taking, to transfer the bond to the plaintiff in execution; and the law declares…
2Cases cited4 opinions
- Haas v. GaddisWashington Supreme Court · 1890
- Blanton v. StateWashington Supreme Court · 1890
- English v. FiniceyIndiana Supreme Court · 1840
- Jett v. WalkerSupreme Court of Virginia · 1822
3Cited by10 opinions
- Early v. HamptonCourt of Appeals of Georgia · 1914
- Hogan v. MorrisCourt of Appeals of Georgia · 1909
- Hatton v. BrownCourt of Appeals of Georgia · 1907
- Allen v. StateSupreme Court of Georgia · 1905
- Hill v. GeorgeCourt of Appeals of Georgia · 1933
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