Doe ex dem. Vaughn v. Biggers
Supreme Court of Georgia
Ejectment, in Muscogee Superior Court. Tried before Judge Alexander, November Term, 1848. An action of ejectment was brought in Muscogee Superior Court, upon the demise of Jonathan D. Yaughn, as the administrator of Bartholomew Jenkins, deceased, against Lorenzo M. Biggers. The defendant set up title, under a Sheriff’s deed, purporting to have been made after sale under ji. fa. against one, 'Bartholomew Jenkins.
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Ejectment, in Muscogee Superior Court. Tried before Judge Alexander, November Term, 1848. An action of ejectment was brought in Muscogee Superior Court, upon the demise of Jonathan D. Yaughn, as the administrator of Bartholomew Jenkins, deceased, against Lorenzo M. Biggers. The defendant set up title, under a Sheriff’s deed, purporting to have been made after sale under ji. fa. against one, 'Bartholomew Jenkins. Pending the trial, the defendant offered in evidence the interrogatories of Lewis Wynn, who swore that, “while Sheriff of Harris County, Georgia, lot of land No. 276, (the premises in…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The first question I propose to consider is, whether the Court erred in admitting the secondary evidence of the execution under which the land in question was brought to sale. It was a Justice’s Court execution in favor of Daniel, against the plaintiff’s intestate, Jenhins. The levy on the land was made by a Constable, and the execution was returned to Wynn, the Sheriff of the County where it lay, who sold it, and made a deed to the purchaser. The defendant below claimed title under this levy and sale. Parol evidence was admitted to prove the…
2Cases cited11 opinions
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