Cade v. Larned
Cade v. Larned
Opinion of the Court
An execution against Cade was levied by the sheriff of Chattahoochee county upon 1,300 acres of land lying partly in that county and partly in Stewart county and divided by the boundary line between the counties; a claim was interposed by Cade’s wife, and upon the trial of the claim case she moved to dismiss the levy. The court overruled the motion, and directed a verdict for the plaintiff; and to these rulings the claimant excepted.
1. One of the grounds of the motion to dismiss the levy was, that the sheriff of Chattahoochee county could not levy on that portion of the land which did not lie in that county. The code, §3644, declares that “a sheriff, or other levying officer, shall not sell land out of the county
2. The motion to dismiss ought to have been sustained, however, upon another ground of the motion. The levy was upon land which had been conveyed to the plaintiff in execution as security for a debt under section 1969 of the code; and we have held that in such a case the creditor cannot cause the land to be levied upon and sold under a judgment for the debt, without first having made and filed, and had recorded in the clerk’s office of the superior court' of the county wherein the land lies, a reconveyance of the land, as provided by section 1970 of the code. In the present case this was not 'done, the deed reoonveying the land to the defendant not having been recorded in one of the counties in which the land was situated. The recording of the deed in only one of the counties was not sufficient. Under the statute, the deed is to be recorded in
Reference
- Full Case Name
- CADE v. LARNED
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- Published