Webb v. Harp

• Decision Date: 30 June 1869
• Citation: 38 Ga. 642
• Parties: MARTHA WEBB, et al., plaintiffs in error. v. LAFAYETTE HARP,defendant in error.
• Court: Georgia Supreme Court

38 Ga. 642

MARTHA WEBB, et al., plaintiffs in error. v. LAFAYETTE HARP, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, June Term, 1869.)

Injunction against trespass. Before Judge Worrill. Chattahoochee Superior Court. March Term, 1869.

Harp, by his bill, made this case: In 1868 he owned a judgment against E. G. Webb, amounting to say $1,200 00 and had the fi. fa., founded on it, levied upon seven bales of cotton, two mules, a tract of land, and other of E. G. Webb's property, sufficient to pay the fi. fa. At the date of the levy *cotton was worth ten or twelve and a half cents per pound. By military order, sales under fi. fas. were prohibited. The price of cotton was much higher in the spring, and then E. G. Webb and he made the following contract: Webb proposed to convey to him lot of land No. 18, in the 5th district of said county, in full payment of said judgment. Harp proposed to release the personalty levied on, and that the sheriff should return it to Webb, and then to satisfy the judgment, if Webb would convey to him said lot, and give him also $50 00, a cotton-gin, a wheat-fan, and an order on the county treasurer for $30 00. Webb accepted this proposition, and in pursuance of the contract, paid Harp the $50 00, delivered him the order, the gin and the fan, and his chain of title to said lot, and possession of the lot, and received back the personalty levied on from the sheriff, by Harp's consent. Harp released the personalty from the fi. fa. At that time cotton had advanced, and the personalty alone was worthsufficient to pay the judgment. The sheriff had other younger judgments against Webb, and had his property been sold by the sheriff, all its proceeds would have been exhausted by the judgments. By said trade, Webb sold the cotton for a large price, and with the proceeds and mules supported his family. Webb, at the time of said contract, agreed to make Harp a deed to said lot, but because of said younger judgments, such a deed would not make Harp\'s title good, and, therefore, Harp and Webb agreed that said lot should be sold under Harp\'s fi. fa., that Harp should buy it, and thus perfect the title. The Stay-Ordinance of the Convention of 1867-8 prevented this sale, and before a sale could be made, Webb died.

He left a wife, Martha Webb, and several children, one of whom, Wesley, perhaps, was of age. No one has administered on Webb's estate; the estate is insolvent, and so are said Martha and Wesley. Said Martha,...