Wall v. Jones
Supreme Court of Georgia
Judgments. Statute of . limitations. Executors and administrators. Execution. Levy and sale. Before Judge Bartlett. Wilkinson Superior Court.
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Judgments. Statute of . limitations. Executors and administrators. Execution. Levy and sale. Before Judge Bartlett. Wilkinson Superior Court. October Term, 1878. An execution dated February 1, 1875, wherein tbe sheriffs are directed to cause to be made of certain described lands $1,134.15 principal, besides interest and costs, which James Jackson, for the use of William C. Parker, lately recovered in Wilkinson superior court against Joseph T. Jones, was, on February 26,1878, levied upon the property therein named. To this process Jones filed an affidavit of illegality setting forth the…
1Opinion of the Court
Bleckley, Justice.
1. The decree was rendered in 1867, and the execution did not issue until 1875, when more than seven years had expired. The levy was not made until 1878, when more than ten years from the rendition of the decree had expired. The question is, was the decree dormant ? In section 4219, the Code declares: “ Decrees in equity for the payment of money shall become dormant like other judgments when not enforced, and may be revived upon petition and notice, without a bill or writ of sci/re facias! The provision here referred to in respect to other judgments is in section 2914, and…
2Cases cited4 opinions
- Butt v. MaddoxSupreme Court of Georgia · 1849
- Jones v. ParkerSupreme Court of Georgia · 1875
- Butler v. JamesSupreme Court of Georgia · 1862
- Curry v. PilesSupreme Court of Georgia · 1850
3Cited by6 opinions
- Conway v. CaswellSupreme Court of Georgia · 1904
- Collier v. Bank of TupeloSupreme Court of Georgia · 1940
- Ray v. ElsonSupreme Court of Oklahoma · 1942
- Fowler v. Bank of AmericusSupreme Court of Georgia · 1901
- Cain v. FarmerSupreme Court of Georgia · 1885
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