Mercer v. Houston Guano & Warehouse Co.

Simmons, Chief Justice.

This case was brought under the “trader’s act” of 1881. (Code, §§3149(a) et seq.) We have repeatedly held that this act is to be construed strictly, and that to entitle creditors to the relief provided for therein, it must appear that the debtor was engaged in business as a. trader at the time of the filing of the petition. (Comer & Co. v. Coates & Co., 69 Ga. 491, 493; Blanchard & Burrus v. Vansyckle, 70 Ga. 278; Coates & Co. v. Allen, 71 Ga. 787.) And under the ruling in the ease last cited, the mere fact that the debtor, after having sold out his business and stock…