Hamilton v. Moreland
Supreme Court of Georgia
Ejectment, in Cobb Superior Court. Tried before Judge Irvin, March Term, 1854. In the progress of this cause, a Sheriff’s deed was offered! in evidence, and to support the same, a fi. fa. from a Justices’ Court, under which the land was sold, was offered in evidence, to which counsel for plaintiffs below objected— 1st. Because the judgment on which it issued, was not produced. 2d. Because it did not show, upon its face, that the Court issuing it had jurisdiction.
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Ejectment, in Cobb Superior Court. Tried before Judge Irvin, March Term, 1854. In the progress of this cause, a Sheriff’s deed was offered! in evidence, and to support the same, a fi. fa. from a Justices’ Court, under which the land was sold, was offered in evidence, to which counsel for plaintiffs below objected— 1st. Because the judgment on which it issued, was not produced. 2d. Because it did not show, upon its face, that the Court issuing it had jurisdiction. The Court over-ruled these objections, and this decision, is-assigned as error.
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
[1.] I am content to affirm the judgment of the Court *344below, upon the first assignment of error, on the uniform practice which has obtained throughout the State, with the exception of one circuit, perhaps, time whereof the memory of the oldest practitioners runneth not to the contrary. The rule has always been, that the purchaser of property at Sheriff's sale, in making out his title, should produce his deed and the execution, only, under- which the sale was made, and not in, addition to this, the judgment on which the execution issued. And the…
2Cited by3 opinions
- Richards v. EdwardySupreme Court of Georgia · 1912
- Fulton v. GrahamCourt of Appeals of Georgia · 1912
- Johnson v. WareCourt of Appeals of Georgia · 1914