Legal Opinion

Terry v. Bank of Americus

Supreme Court of Georgia

Decided February 8, 1886PublishedCited by 6 opinions

Levy and Sale. Stale Demands. Executions. Payment. Pleadings. Before Judge Fort. Webster Superior Court. April Term, 1886. Reported in the decision.

1Opinion of the Court

Hall, Justice.

This affidavit of illegality to th efi.fa. set forth the following grounds: That the levy was stale, having been made in 1884, and no action taken thereon until the propertylovied on was advertised for sale in 1886; that the plaintiff postponed all action thereon from the 27th of October, 1884, until and to the next October; and “that the fi. fa. and promissory note, the cause of action, was paid off in full,” and there was nothing due on the same. The court sustained a general demurrer thereto and dismissed the affidavit. This is the error alleged.

1. There is nothing in the…

2Cases cited3 opinions

  1. Sharp v. KennedySupreme Court of Georgia · 1873
  2. Weems v. StokesSupreme Court of Georgia · 1880
  3. McGhee v. WaySupreme Court of Georgia · 1872

3Cited by6 opinions

  1. Felker v. JohnsonSupreme Court of Georgia · 1940
  2. Mobley v. GoodwynCourt of Appeals of Georgia · 1928
  3. Dixon v. Mayor of SavannahCourt of Appeals of Georgia · 1917
  4. Gormley v. ShiverSupreme Court of Georgia · 1936
  5. Smith v. Tokio Marine InsuranceCourt of Appeals of Georgia · 1924

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