Williams v. Martin
Supreme Court of Georgia
Levy and claim, in Houston Superior Court. Motion for a new trial. Decided by Judge Floyd, May Term, 1849. A fi.fa. in favor of John Martin, against Thomas and J. Williams, was levied on a tract of land as the property of Thomas Williams, which was claimed by the defendant in error.
Read the full summary
Levy and claim, in Houston Superior Court. Motion for a new trial. Decided by Judge Floyd, May Term, 1849. A fi.fa. in favor of John Martin, against Thomas and J. Williams, was levied on a tract of land as the property of Thomas Williams, which was claimed by the defendant in error. The evidence before the Jury on the trial, showed that the land had been previously levied on by a large mortgage fi.fa. in favor o¥ Shepherd Williams, senior, against Thomas Williams, and bought by Shepherd Williams, who was the father of Thomas and Washington. No money was paid, but the amount of the sale…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
There is really but one question made in this record, and that is this: Was it right in the Circuit judge, to permit the judgment on theforecloswre, under which the claimant claimed tobe impeached ? If it was, then it was proper to permit the relationship of the Williams’; the pendency of suits against Thomas Williams, at the date of the mortgage and foreclosure; and the possession of the land, after sale, by Thomas Williams, to be proven. The facts all go to show fraud. The pendency of the suits, and the possession of the defendant in…
2Cases cited4 opinions
- Atkinson v. AllenSupreme Court of Vermont · 1839
- Postens v. PostensSupreme Court of Pennsylvania · 1842
- Townsend v. KernsSupreme Court of Pennsylvania · 1834
- Hall v. HamlinSupreme Court of Pennsylvania · 1834
3Cited by16 opinions
- Douglas v. JenkinsSupreme Court of Georgia · 1916
- Howell v. EllsberrySupreme Court of Georgia · 1888
- Ford v. HollowaySupreme Court of Georgia · 1901
- Hollinshead v. WoodardSupreme Court of Georgia · 1907
- Trust Co. v. MobleyCourt of Appeals of Georgia · 1929
11 more not listed; retrieve them via the Exa API.