Grier v. Jones
Supreme Court of Georgia
Judgments. Administrators and executors. Practice in the ■Superior Court. Before Judge Strozer. Randolph Superior Court. May Term, 1874. In May, 1863, Jones, executor, recovered a judgment against Samuel A. Grier and others. In December, 1869, the execution based on this judgment was levied, and an affidavit of •illegality filed thereto upon the ground that the consideration of the indebtedness for which the suit was brought, was slaves.
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Judgments. Administrators and executors. Practice in the ■Superior Court. Before Judge Strozer. Randolph Superior Court. May Term, 1874. In May, 1863, Jones, executor, recovered a judgment against Samuel A. Grier and others. In December, 1869, the execution based on this judgment was levied, and an affidavit of •illegality filed thereto upon the ground that the consideration of the indebtedness for which the suit was brought, was slaves. At the November term, 1870, the illegality was sustained. At the November term, 1872, a motion was made to set aside this last order, which was overruled.…
1Opinion of the Court
Trippe, Judge.
1. The record is somewhat confused, and it is impossible to tell whether the scire facias was intended to make the executrix a party to the' proceedings in the matter of the affidavit of illegality which were disposed of at the November term, 1870, or to the motion to set aside the judgment sustaining that affidavit, which was determined at the November term, 1872, by the same being overruled; or whether it was to make her a party to a new proceeding to be instituted to set aside the judgment sustainng the illegality. But take it as it is staled to be by the reporter, and we…
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