Williams v. Baynes

• Decision Date: 18 December 1889
• Parties: Williams v. Baynes.
• Court: Georgia Supreme Court

10 S.E. 541

(84 Ga. 116)

Williams

v.Baynes.

Supreme Court of Georgia.

Dec. 18, 1889.

Execution—Interest in Land.

Levy upon a general or undefined interest in land, and sale and conveyance accordingly, will pass nothing; the levy being void for uncertainty. (Syllabus by the Court.)

Error from superior court, Murray county; Milner, Judge.

R. J. & J. McCamy, for plaintiff in error. Jones & Martin, for defendant in error.

Bleckley, C. J. According to the sheriff's deed, which is now the best evidence of the terms of the levy, the fi. fa. being lost, the levy was upon "a certain, and all of the interest, " of James Williams in the lot of land in question. This levy, whether tested by the Code or by the law previous to the Code, was void for uncertainty. What "a certain, and all of the interest, " of James Williams was, the terms of the levy afford no indication whatever. Whether it was a half, a fourth, a sixth, or a twelfth, or what it was, no one could tell. Code, § 3640; Whatley v. Newsom, 10 Ga. 74. The court erred in holding that the sheriff's deed conveyed anything, and in giving judgment accordingly. Judgment reversed.