Mincey v. Edwards
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Jenkins, P. J.
Where property is levied upon under an execution and a claim is filed, and the claimant takes and subscribes the oath in forma pauperis provided for by section 5164 of the Civil Code (1910), but files the affidavit with the clerk and fails to file it with the levying officer as provided by law, and the property is sold under a “short order” regularly granted by the ordinary, the purchaser at the sale obtains a good title thereto. The ruling here made is squarely controlled by what was held by the Supreme Court in Wilson v. Garrick, 72 Ga. 660 . The request by counsel that the Supreme Court be asked to review that case is denied. See, as bearing- somewhat upon the principle, Reynolds Banking Co. v. Southern Pacific Cuano Co., 140 Ga. 498 ( 79 S. E. 132 ) ; Reynolds Banking Co. v. Beeland, 23 Ga. App. 228 ( 97 S. E. 861 ).
Judgment affirmed.
Stephens and Smith, J.J., concur.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 0 cases
No case in this database cites this case.