Butt v. Maddox
Supreme Court of Georgia
Claim, in Warren Superior Court. Tried before Judge Sayre, April Term, 1849. A mortgage ji.fa. in favor of Thomas Maddox, against Terry Oliver and Monclaiborne Andrews, was levied on a tract or lot of land to which John Butt, as trustee for his children, interposed his claim.
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Claim, in Warren Superior Court. Tried before Judge Sayre, April Term, 1849. A mortgage ji.fa. in favor of Thomas Maddox, against Terry Oliver and Monclaiborne Andrews, was levied on a tract or lot of land to which John Butt, as trustee for his children, interposed his claim. On the trial, it appeared that no entry, by the proper officer to execute and return, had been made on the mortgage fi.fa. within seven years from the date of its issue ; and the claimant contended it was therefore dormant, under the Act of 1323. The Court overruled the objection, and claimant excepted. The original…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] The first question made in this record, is, whether the judgment, being a judgment founded on the foreclosure of a mortgage, is subject to the provisions of the Act of 1823, which declares that all judgments thereafter to be rendered in any of the Courts of this State, on which no execution shall be sued out; or upon which execution, if sued out, no return shall be made hy the proper officer for executing and returning the same, within seven years from the date of such judgment, shall be void and of no effect; it depends mainly upon the…
2Cited by39 opinions
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- Osborne v. RiceSupreme Court of Georgia · 1899
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