Culberson v. Gray

27 Ga. 520
CourtSupreme Court of Georgia
DecidedMarch 15, 1859
StatusPublished

This text of 27 Ga. 520 (Culberson v. Gray) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Culberson v. Gray, 27 Ga. 520 (Ga. 1859).

Opinion

By the Court.

Lumpkin J.

delivering the opinion.

If we understand this confused and imperfect record, and we are not sure that we do, the judgment below, we think, was erroneous.

It does not appear by whom the receipt was given, nor to whom it was given. It set forth the same note We will assume that it was given for the note and that Backus became possessed of it; still, judgment having been obtained upon the note, and sold by (he administrator of Palmer, Palmer’s estate being insolvent, and bought by Walker Green, without notice of the claim of Backus; what right had the Inferior Court, to which the ca. sa. bond was returnable, to try the issue tendered by Backus? None.

Judgment reversed.

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Bluebook (online)
27 Ga. 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culberson-v-gray-ga-1859.