Legal Opinion

King v. Castlen

Supreme Court of Georgia

Decided April 3, 1893PublishedCited by 6 opinions

Before Judge Boynton. Monroe superior court. February term, 1892. King, sheriff, suing for the use of Rhodes & Waters, brought his action against Mary A. Castlen, principal, and I. S. Maynard, security, upon a bond given by Mrs. Castlen and Maynard for the forthcoming “ at the time and place of sale” (sheriff’s) of a stationary boiler and detached engine, coupler and fixtures, and a gin, feeder and condenser, which had been levied on under an execution in favor of Rhodes &…

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Before Judge Boynton. Monroe superior court. February term, 1892. King, sheriff, suing for the use of Rhodes & Waters, brought his action against Mary A. Castlen, principal, and I. S. Maynard, security, upon a bond given by Mrs. Castlen and Maynard for the forthcoming “ at the time and place of sale” (sheriff’s) of a stationary boiler and detached engine, coupler and fixtures, and a gin, feeder and condenser, which had been levied on under an execution in favor of Rhodes & Waters against I. TI. Castlen, and claimed by Mrs. Castlen. The pleas of defendants were demurred to, except that of the…

1Opinion of the Court

Bleckley, Chief Justice.

The two sections of the code referred to in the head-notes read as follows: “ In all cases where a levy is made upon property that is claimed by a third person, and such person shall desire the possession thereof, it shall be the duty of the sheriff', or other levying officer, to take bond with good security for a sum equal to double the' value of the property levied on, to be estimated by the levying officer, for the delivery of such property at the time and place of sale, provided the property so levied upon shall be found subject to such execution; provided, that it…

2Cited by6 opinions

  1. Boyd v. CrewsCourt of Appeals of Georgia · 1924
  2. Rowland v. PageCourt of Appeals of Georgia · 1908
  3. Reese v. Worsham & Co.Supreme Court of Georgia · 1900
  4. Scruggs v. BennettCourt of Appeals of Georgia · 1925
  5. Greenwood v. McGeeCourt of Appeals of Georgia · 1934

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