Allen v. Matthews
Supreme Court of Georgia
Levy and claim, in Talbot Sujierior Court. Tried before Judge Alexander, March Term, 1849. A judgment was rendered in the Superior Court of Talbot County, in favor of the plaintiff in error, against Marion Bethune, administrator of Z. Booth, deceased, “ quando acciderint,” and execution issued thereon on 31st October, 1845. On 17th July, 1846, this execution-was levied upon a negro boy named Abraham, to which negro slave a claim was regularly interposed by the defendant in…
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Levy and claim, in Talbot Sujierior Court. Tried before Judge Alexander, March Term, 1849. A judgment was rendered in the Superior Court of Talbot County, in favor of the plaintiff in error, against Marion Bethune, administrator of Z. Booth, deceased, “ quando acciderint,” and execution issued thereon on 31st October, 1845. On 17th July, 1846, this execution-was levied upon a negro boy named Abraham, to which negro slave a claim was regularly interposed by the defendant in error. Upon this claim issue was joined, and the same came on for trial at the March Term, 1849, of said Court. The…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
The question argued at bar, is not exactly that which is made by the record. Below it was insisted that the onus had not been removed by the plaintiff in execution, and a motion was made and sustained to dismiss the levy on that account. It is now contended that the decision was right, for the reason that a judgment quando cannot reach and exert a direct lien on property situated as this is; and that the only remedy which the plaintiff has, is to sue out a scire facias against the administrator, or to bring debt against him upon the judgment…
2Cited by2 opinions
- Hollis v. SalesSupreme Court of Georgia · 1897
- Greer v. WillisSupreme Court of Georgia · 1881