Robinson v. Burge
Supreme Court of Georgia
Levy and Sale. Title. Execution. Before Judge Hammond. Fulton Superior Court. April Term, 1883. Robinson et al. brought complaint for land against Burge. Plaintiffs relied on a sheriff’s deed under certain .justice court fi. fas., on which there was no entry of “ no personalty.” These were objected to.
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Levy and Sale. Title. Execution. Before Judge Hammond. Fulton Superior Court. April Term, 1883. Robinson et al. brought complaint for land against Burge. Plaintiffs relied on a sheriff’s deed under certain .justice court fi. fas., on which there was no entry of “ no personalty.” These were objected to. Plaintiffs offered, in connection with the deed, and fi. fas., to prove by the constable who made the levy, but who had since gone out of office, that defendant had no personal property. The court announced that, even with such proof in, he would reject the evidence offered. This was done, and…
1Opinion of the Court
Blandeord, Justice.
1. The controlling question in this case is, whether land sold under a justice’s court execution, upon which there was no entry of “ no personal property to be found,” transfers and conveys the title to the purchaser.
The uniform decisions of this court, commencing with Hopkins vs. Burch, 3 Kelly, 222, down to the present time, have been, even under the act of 1811, that there must be an entry of “ no personal property to be found,” before the constable is authorized to-make the levy upon land. This principle, decided so early as 1847, has been incorporated in the Code of…
2Cases cited1 opinion
- Williams v. Moore & WatkinsSupreme Court of Georgia · 1882
3Cited by4 opinions
- Burden v. GatesSupreme Court of Georgia · 1939
- Dorminey v. DeLangSupreme Court of Georgia · 1908
- Delaware County Trust Co. v. Goldberg, Pennsylvania Court of Common Pleas, Delaware County1935
- Peterson v. General Shoe Corp.Court of Appeals of Georgia · 1967