Futch v. Olmstead

From the statement of facts it appears that the case of *566Futch v. Olmstead, 172 Ga. 233 (supra), was dismissed in the Supreme Court because it appeared that the bill of exceptions was not filed in the office of the clerk of the superior court within the time prescribed by law. After the remittitur from the Supreme Court was made the judgment of the superior court, and the sheriff proceeded under an execution to advertise for sale the property in controversy, the administrator of the estate of Wiley Futch filed the present, an equitable petition, attaching copies of the pleadings and judgment…