Durham v. Mayo
Supreme Court of Georgia
Levy and Claim, in Dougherty Superior Court. Tried before Judge Allen, at the June Term, 1860. David A. Mayo obtained a judgment at common law, on a mason’s lien on the Isabella Hotel, in the city of Albany, against George "W. Crummey. From this judgment, a fi.fa.issued, and was levied on said hotel, and Lindsey H. Durham interposed a claim to the property.
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Levy and Claim, in Dougherty Superior Court. Tried before Judge Allen, at the June Term, 1860. David A. Mayo obtained a judgment at common law, on a mason’s lien on the Isabella Hotel, in the city of Albany, against George "W. Crummey. From this judgment, a fi.fa.issued, and was levied on said hotel, and Lindsey H. Durham interposed a claim to the property. On the trial of this claim, the plaintiff in fi.fa. introduced in evidence the fi. fa., with the levy entered thereon, and closed his case. Counsel for the claimant then moved to dismiss the levy, on the ground that the plaintiff had shown…
1Opinion of the Court
*194 By the Count.
Lyon, J.,
delivering the opinion.
David A. Mayo, as a mason, did some work on the “ Isabella Hotel,” or “ Crummey House,” as then called, in the city of Albany, and recorded his lien on the house and premises for the same, under the Act of 22d December, 1834. After his lien was recorded, this property was levied on and sold under an execution from the sixth Circuit Court of the United States, for the Southern District of Georgia, and was purchased at that sale by the plaintiff in error, Lindsey H. Durham. Mayo having brought suit on his claim, and obtained judgment under the Act,…
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