Davis v. Irwin
Supreme Court of Georgia
Rule against a Sheriff, by defendant in ji. fa. for surplus of sale. Decision in Bibb Superior Court, at July Term, 1849, by Judge Floyd. D. J. Davis, Sheriff, levied certain fi. fas. upon certain slaves of Jano Irwin, and in May, 1849, he sold Kitty, Mary, and Polly. The proceeds were enough to pay off the fi. fas. in hand, (and perhaps other claims assented to by defendant,) and then to leave a surplus in his hands.
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Rule against a Sheriff, by defendant in ji. fa. for surplus of sale. Decision in Bibb Superior Court, at July Term, 1849, by Judge Floyd. D. J. Davis, Sheriff, levied certain fi. fas. upon certain slaves of Jano Irwin, and in May, 1849, he sold Kitty, Mary, and Polly. The proceeds were enough to pay off the fi. fas. in hand, (and perhaps other claims assented to by defendant,) and then to leave a surplus in his hands. He was ruled, by defendant, to pay over to her said surplus.. Davis showed for cause, that by consent of plaintiff and defendant, he levied on certain slaves — among them,…
1Opinion of the Court
By the Court,
Warner, J.
delivering the opinion,
*155[1.] It appears, from the record, that the plaintiff in error sold certain negroes, as Sheriff of Bibb County, belonging to the defendant, by virtue of certain Ji. fas. placed in his hands against her. After paying off the fi. fas. and costs, there remained a balance in the hands of the Sheriff, arising from the sale of the defendant’s property. A rule nisi was taken against the Sheriff at the instance of the defendant, calling upon him to shew cause why he should not pay over to her the money remaining in his hands, arising from the sale of her…
2Cited by4 opinions
- Smith v. JohnstonSupreme Court of Georgia · 1884
- Smith v. McLendonSupreme Court of Georgia · 1877
- Hurst v. WhitlySupreme Court of Georgia · 1872
- McLendon v. HarrellSupreme Court of Georgia · 1881