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119 Ga. 35

Stark v. Cummings

Supreme Court of Georgia

Decided November 14, 1903

Supreme Court of Georgia · decided 1903-11-14

Equitable petition. Before Judge Fite. Dade superior court. April 11, 1903. The tax-collector of Dade county, on December 20, 1895, issued a tax fi. fa. against J. H. Stark for $1.82 principal and 50 cents cost, which was levied on lot of land number 107, containing 160 acres more or less, as the property of Stark; and on March 3, 1896, the land was sold thereunder for $7.41 to Cummings, and a deed made to him by the sheriff.

Cited by 2 later decisions — most recently January 1936

2 state decisions

Relies on Roser v. Georgia Loan & Trust Co. · Southern Pine Co. v. Kirkland · Vickers v. Hawkins

Good law ✅— No negative treatment on recordhow we know

Decided 1903-11-14

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Lamar, J.

¶1There is nothing on the face of the tax fi. fa. to indicate that the property for which the tax-was assessed was wild land. The execution was not in rem, as in Vickers v. Hawkins, 111 Ga. 119, but against the “goods and chattels, lands and tenements ” of Stark; and the rules applicable to ordinary tax fi, fas., and the inhibition against excessive levies, apply. If the testimony of the plaintiff that the land was worth between $900 and $1,300 be accepted as true, the levy was void as matter of law. If the jury took the valuation put thereon by the purchaser and treated it as “ worth about $100,” there is nothing to indicate why it could not have been subdivided, and only enough seized to satisfy the principal, $2.38, and costs of sale. Roser v. Ga. Loan Co., 118 Ga. 181; Civil Code, § 5427; Southern Pine Co. v. Kirkland, 112 Ga. 216; Barnes v. Carter, 114 Ga. 886 (2). It was error to direct a verdict for the defendant.

¶2Judgment reversed.

All the Justices concur, except Gobi, J. disqualified. '
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