12 Ga. 440 | Ga. | 1853
By (he Court.
delivering the opinion.
The only ground of error assigned to the judgment of the Court below is, the rejection of the Sheriff’s advertisement of the second sale of the property.
This second sale was made atthe risk of the defendant, under our Statute, who was a purchaser of the property at a former sale, and failed to comply with the terms of that sale.
It is unquestionably the duty of the Sheriff, under the Statute, to give as full and complete description of the property levied on by him to be sold, in his advertisement, as it is possible for him to do, in the exercise of ordinary diligence for that purpose, taking into view the location and condition of the property. We do not intend to say that it is absolutely necessary that the Sheriff shall describe lands sold by him, by the particular number in every instance, for that he may not be able always to do, after the most diligent inquiry; but if he cannot ascertain the particular number, or if the lands, as in some parts of this State, are not laid off by number and district, then it will be sufficient to descirbe the property by its particular location, or by any
Let the judgment of the Court below be reversed.