Legal Opinion

Sumter County v. Hanes, Jones & Cadbury Co.

Supreme Court of Georgia

Decided February 10, 1915Published

Petition for injunction. Before Judge Littlejohn. Sumter superior court. July 10, 1914. ' Sumter County hied its equitable petition against Hanes, Jones & Cadbury Company, and the deputy sheriff of the county, seeking to enjoin the sale of a mule which had been levied on under an execution in favor of the company named against R. G. Christian, which mule was claimed by the county as its property.

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Petition for injunction. Before Judge Littlejohn. Sumter superior court. July 10, 1914. ' Sumter County hied its equitable petition against Hanes, Jones & Cadbury Company, and the deputy sheriff of the county, seeking to enjoin the sale of a mule which had been levied on under an execution in favor of the company named against R. G. Christian, which mule was claimed by the county as its property. The case was submitted to the presiding judge on an agreed statement of facts, which showed, among other things, as follows: Hanes, J ones & Cadbury Company recovered a judgment against R. G.…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.)

1. Hanes, Jones & Cadbury Company recovered judgment against one Christian in the city court of Americus, in 1911, and the execution based thereon was duly recorded on the execution docket of the court from which it issued, and on the general execution docket of the county, thus giving notice of the lien against the property subject to levy, then held by Christian or which might be acquired by him. While this execution was in force Christian purchased a mule and held it for some time. It thus became subject to the lien of the execution and to levy…

2Cases cited4 opinions

  1. Neal-Millard Co. v. Trustees of Chatham AcademySupreme Court of Georgia · 1904
  2. Morgan v. RustSupreme Court of Georgia · 1897
  3. Ætna Indemnity Co. v. Town of ComerSupreme Court of Georgia · 1911
  4. Curry v. Mayor of SavannahSupreme Court of Georgia · 1879

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