Boggess v. Lowrey
Supreme Court of Georgia
Levy and Sale. Description. Injunction. Before Judge Harris. Carroll County. At Chambers, April 7, 1887. Henry Boggess filed his bill against N. M. Lowrey and J. M. Hewitt, sheriff, alleging, in brief, as follows: Complainant is in the quiet and legally acquired possession of fifty acres of land in lot 250 in the 5th district of Carroll county, bounded on the north by G. W. Austin, on east by lands belonging to estate of W. B. Gilley, south by J. C. Benson, and west by right…
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Levy and Sale. Description. Injunction. Before Judge Harris. Carroll County. At Chambers, April 7, 1887. Henry Boggess filed his bill against N. M. Lowrey and J. M. Hewitt, sheriff, alleging, in brief, as follows: Complainant is in the quiet and legally acquired possession of fifty acres of land in lot 250 in the 5th district of Carroll county, bounded on the north by G. W. Austin, on east by lands belonging to estate of W. B. Gilley, south by J. C. Benson, and west by right of way of Savannah, Griffin and N. Ala. R. R. He holds it under a bond for title from Lowrey. The sheriff levied an…
1Opinion of the Court
Hall, Justice.
This was an application made to enjoin the proceedings under a levy and sale, where a portion of the lot of land in controversy was described, not only by number and district, but by metes and bounds and by mentioning the adjacent and surrounding landed proprietors. It was shown that there was a mistake as to the district where the land lay, and *541that was the only mistake in the levy or attachment. The number was right, the portion of the lot from which it was taken was right, and the boundaries were also correctly set forth, and the court held that that was an error or…
2Cases cited1 opinion
- Harris v. HullSupreme Court of Georgia · 1883
3Cited by5 opinions
- Johnson v. McKaySupreme Court of Georgia · 1903
- Crider v. WoodwardSupreme Court of Georgia · 1926
- Hardin v. DouglasSupreme Court of Georgia · 1929
- Belk v. Estes & Co.Supreme Court of Georgia · 1889
- Turpin v. County of BibbSupreme Court of Georgia · 1941