Wilson v. Ansley

Supreme Court of Georgia

Wilson v. Ansley

47 Ga. 278

CourtSupreme Court of Georgia

DecidedJuly 15, 1872

StatusPublished

Cited by1 cases

This text of 47 Ga. 278 (Wilson v. Ansley) 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

Wilson v. Ansley, 47 Ga. 278 (Ga. 1872).

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Opinion

Montgomery, Judge.

Legislatures do not require impossibilities. To require a lunatic, without a guardian and in the insane asylum, to pay taxes, is to require an impossibility. Hence, in that view, [280]*280the Act of 1870, requiring an affidavit of the payment of taxes to be attached to all executions obtained on contracts, made before June, 1865, before levy or sale, does not embrace such an execution issued in favor of the lunatic. If this is not true, then surely a lunatic is within the equity of the fourteenth section of the Act, which exempts widows and minors from its operation.

Judgment affirmed.

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Montgomery, Judge.

Legislatures do not require impossibilities. To require a lunatic, without a guardian and in the insane asylum, to pay taxes, is to require an impossibility. Hence, in that view, [280]*280the Act of 1870, requiring an affidavit of the payment of taxes to be attached to all executions obtained on contracts, made before June, 1865, before levy or sale, does not embrace such an execution issued in favor of the lunatic. If this is not true, then surely a lunatic is within the equity of the fourteenth section of the Act, which exempts widows and minors from its operation.

Judgment affirmed.

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Bluebook (online)

47 Ga. 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-ansley-ga-1872.

Opinion

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