Ware v. Jackson
Supreme Court of Georgia
Claim, in- Muscogee Superior Court. Tried before Judge Wórrill, December Term, 1855. A fi. fa. in favor of B. S. Ware, against Willis P. Baker, was levied upon a lot of land, and Low Jackson interposed a -claim ^hereto. The following were the facts: In January, 1845, Baker sold the land to A. Iverson as trustee, and gave him a bond to make titles on the payment of the purchase money. On 10th November, 1846, Ware recovered his judgment against Baker.
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Claim, in- Muscogee Superior Court. Tried before Judge Wórrill, December Term, 1855. A fi. fa. in favor of B. S. Ware, against Willis P. Baker, was levied upon a lot of land, and Low Jackson interposed a -claim ^hereto. The following were the facts: In January, 1845, Baker sold the land to A. Iverson as trustee, and gave him a bond to make titles on the payment of the purchase money. On 10th November, 1846, Ware recovered his judgment against Baker. On 7th March, 1848, Baker made a deed to Iverson, having received the purchase money. Iverson afterwards, in June, 1848, sold to Jackson. Upon…
1Opinion of the Court
The Court not being unanimous, delivered their opinions seriatim.
By the Court.
McDonald, J.
delivering the opinion.
'The plaintiff offered in evidence an execution against the (defendant, issued on a judgment obtained on the 10th day ■of March, 1846, which was levied on the tract of land, the ■subject of the claim, on the 22d day of June, 1848, which was read to the Jury. The plaintiff gave in evidence a deed also,, made by William B. Kimbrough to the defendant in execution, dated the 27th day of December, 1843, for the said land, and also a deed dated 7th day of March, 1848, made by Willis P.…
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