Lathrop & Co. v. McBurney & Hollingsworth

Hall, Justice.

The complainants in the bill, having large claims against the defendants, instituted common-law suits to enforce their collection. Pending this suit, McBurney, the principal defendant, left the state, and attachments pendente lite were sued out against him, and served both by levy and garnishment. It seems that a large amount of property in Macon is held by him as trustee for his wife and children; that from time to time, since the creation of complainants’ debt, as well as before, he has mingled his individual funds with this trust estate in such a manner that it is not easy to…