Cummings v. Clegg
Supreme Court of Georgia
Practice. Levy and sale. Supersedeas. Before J udge Kibbee. Dooly superior court. September term, 1888. ,. On October 25, 1877, an execution in favor of-Clegg 'against Thomas Cummings was levied on land, and Mary Cummings, the wife of defendant, interposed a claim, pending the trial of which, George Trippe, the owner and controller of the execution, filed his bill in equity tó enjoin the claimant from interfering with the property, and for a receiver, to which Thomas and…
Read the full summary
Practice. Levy and sale. Supersedeas. Before J udge Kibbee. Dooly superior court. September term, 1888. ,. On October 25, 1877, an execution in favor of-Clegg 'against Thomas Cummings was levied on land, and Mary Cummings, the wife of defendant, interposed a claim, pending the trial of which, George Trippe, the owner and controller of the execution, filed his bill in equity tó enjoin the claimant from interfering with the property, and for a receiver, to which Thomas and Mary Cummings filed their answer and cross-bill. This was disposed of adversely to them at the March term, 1886, of the…
1Opinion of the Court
Bleckley, Chief Justice.
Referring to the official report for details, the material facts may be summarized as follows : A mortgage ji. fa. was levied upon land, and a claim interposed, after which the claim case, it seems, was absorbed by a bill and cross-bill, to which the plaintiff in ji. fa. was a party on one side, and the claimant and the defendant ia.ji.fa. were parties on the other side. This equity cause was tried, adjudicated in favor of the plaintiff in ji. fa., and thereupon was carried to the Supreme Court by the claimant and the defendant in ji.ja. The writ of error was dismissed…
2Cases cited4 opinions
- Allen, Ball & Co. v. Mayor of SavannahSupreme Court of Georgia · 1851
- Doe ex dem. Truluck v. PeeplesSupreme Court of Georgia · 1846
- Howard v. Lowell Machine Co.Supreme Court of Georgia · 1885
- Western & Atlantic Railroad v. StateSupreme Court of Georgia · 1882
3Cited by20 opinions
- Ryan v. KingsberySupreme Court of Georgia · 1891
- Montgomery v. KingSupreme Court of Georgia · 1906
- City of Cedartown v. PickettSupreme Court of Georgia · 1942
- Tanner v. WilsonSupreme Court of Georgia · 1937
- Ennis v. EnnisSupreme Court of Georgia · 1951
15 more not listed; retrieve them via the Exa API.