110 Ga. 259 | Ga. | 1899
1. Nothing more appearing, a fi. fa. commanding levy to be made “on the goods and chattels, lands and tenements of [N., W. and R.], trustees of Zion Hill Baptist Church, or so much thereof as will make [stated amounts as principal and interest], which was adjudged against them at a justice’s court,” etc., is an execution against the three persons named in their individual capacities. The words “ trustees of Zion Hill Baptist Church,” being merely descriptio personarum, should be treated as surplusage.
2. Consequently, where such an execution was levied upon certain property as the property of N., and he filed a claim in which he set up that the property levied upon was his individual property, and
3. It follows that the judge of the superior court erred in refusing to ■ sanction the plaintiffs’ petition for certiorari, which set forth these facts and alleged error in the ruling of the justice.
Judgment reversed.