69 Ga. 777 | Ga. | 1883
By the Code, §3497, it is declared that “the sheriff or other executing officer may amend his official entries and returns, so as to make such entries and returns conform to
In 54 Ga., 296, it was ruled that the defect in a levy was cured by affidavit and bond which claimed the property levied on (which was personal property), and which got possession thereby of the personalty, on the principle of estoppel. In 59 Ga., 849, where the defect was that the levy did
But in the case before us now, the defect is, that the levy does not describe the property at all, setting out only that it is lots 211 and 212 in the 13th district, without more, and without stating as to whose property of the defendants in execution it was levied upon, though there were more than one defendant.
So that this defect is not cured, or rather the claimant is not estopped from making the point on it, either by the case in the 54th, it' not being personalty, or by that in the 59th, it being otherwise defective than in the failure to designate as whose property the land was levied on, and in this case there being two defendants, whereas in the case in the 59th there was but one. Besides, the property levied on is two lots, naming them by number; that claimed is 600 acres, lots unknown. That claimed may not be that seized by this levy, but some other land.
Judgment affirmed,