Manley v. McKenzie
Supreme Court of Georgia
Levy and claim. Before Judge Bussell. Franklin superior-court. February 16, 1906. An execution in favor of McKenzie, ordinary, for the use of named parties, against Manley as principal, and two others as securities, was levied upon two described tracts of land. Mrs. Manley, the wife of the defendant in execution, interposed a claim to both tracts.
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Levy and claim. Before Judge Bussell. Franklin superior-court. February 16, 1906. An execution in favor of McKenzie, ordinary, for the use of named parties, against Manley as principal, and two others as securities, was levied upon two described tracts of land. Mrs. Manley, the wife of the defendant in execution, interposed a claim to both tracts. At the trial the plaintiff filed an amendment to thejoinder of issue, setting up various equitable reasons why the land levied on was subject to the execution. The trial resulted in a. finding that one of the tracts was subject and the other not…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.)
1. The levy was complete as to the description of the property seized. It failed to state that the property was levied on as the *348property of the defendant, Manley. A motion was made to dismiss the levy for this reason. The levy appears to have been made by the deputy sheriff, who, at the time of the trial, was out of office. The judge passed an ord'er allowing the former deputy sheriff (who was in court) to amend the levy by inserting therein the statement that the property was'levied on as the property of the defendant, Manley. Error is assigned upon the…
2Cases cited6 opinions
- Cothran v. ForsythSupreme Court of Georgia · 1882
- Ansley v. WilsonSupreme Court of Georgia · 1873
- Williams v. Moore & WatkinsSupreme Court of Georgia · 1882
- Beutell v. OliverSupreme Court of Georgia · 1892
- Hopkins v. BurchSupreme Court of Georgia · 1847
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- Strickland v. SmithCourt of Appeals of Georgia · 1916
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