Davis v. Reid
Supreme Court of Georgia
Sheriff. Levy and sale. Pleadings. Before Judge Wright. Baker Superior Court. May Term, 1876. Three judgments were obtained in Baker superior court ¡against one Samuel P. Davis, by Reid and others. Executions issued thereon, and were placed in the hands of P. D. Davis, sheriff, to be levied. He returned them with entries •of mulla bona, stating that the only property found in possession of defendant in fi. fa. was trust property, and not subject to levy for his debts.
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Sheriff. Levy and sale. Pleadings. Before Judge Wright. Baker Superior Court. May Term, 1876. Three judgments were obtained in Baker superior court ¡against one Samuel P. Davis, by Reid and others. Executions issued thereon, and were placed in the hands of P. D. Davis, sheriff, to be levied. He returned them with entries •of mulla bona, stating that the only property found in possession of defendant in fi. fa. was trust property, and not subject to levy for his debts. At the next term of the superior court, by agreement of parties, the three cases were embraced in one rule against the…
1Opinion of the Court
Bleckley, Judge.
1. The sheriff is not commanded by the law or by the writ, to levy on all property in the defendant’s possession. The command is to levy on the goods and chattels, lands and tenements of the defendant. Possession is evidence, prima facie, of ownership: Cowart vs. Dunbar, 56 Georgia Reports, 417; but the sheriff may, at his peril, take notice of the true title; and when he answers to a rule that he could find no property of the defendant on which to levy, he has made a good answer, in substance, and one that protects him unless it is traversed. That there was property of a…
2Cited by1 opinion
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