Estes v. Ivey
Supreme Court of Georgia
Money rule. Practice in the Superior Court. Judgments. Amendment. Bond for titles. Levy and sale. Vendor and purchaser. Before Judge Jambs Johnson. Muscogee Superior Court. November Term, 1873. Hugh G. Ivey, sheriff of Muscogee county, held certain funds in his hands, realized upon a sale of property under an execution against John F. Cleghorn.
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Money rule. Practice in the Superior Court. Judgments. Amendment. Bond for titles. Levy and sale. Vendor and purchaser. Before Judge Jambs Johnson. Muscogee Superior Court. November Term, 1873. Hugh G. Ivey, sheriff of Muscogee county, held certain funds in his hands, realized upon a sale of property under an execution against John F. Cleghorn. The levy under which such sale was made, was upon a “two-thirds undivided interest in and to a parcel of land,” unnecessary here to be described. He was ruled at the instance of one of the judgment creditors of the defendant. To this proceeding various…
1Opinion of the Court
McCay, Judge.
1. We have no fault to find in this practice of Judge Johnson in cases like the present. Something of the sort would seem to be necessary for the intelligent administration of the law. There is a fund in the sheriff’s hands for distribution. It is hardly possible, if there be several claimants, to do justice between them in such a way as that the record shall show what has been done without requiring just such a statement to be made by each party as the judge required in this case. The jurisdiction is an equitable one, and we would be very slow to interfere with any practice…
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