Legal Opinion

Coker v. Utter

Supreme Court of Georgia

Decided September 30, 1921No. 2329PublishedCited by 16 opinions

Equitable petition. Before Judge Hodges. Oglethorpe superior court. October 22, 1920. A. B. Utter, .as trustee, obtained a judgment, on which execution was issued, against John E. Coker, on March 5, 1919, for something'over $2,000, on two notes ■ waiving homestead and exemption rights. On May 8, 1919, the defendant in execution was adjudicated a bankrupt, and on September 21, 1919, he obtained, his discharge in bankruptcy.

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Equitable petition. Before Judge Hodges. Oglethorpe superior court. October 22, 1920. A. B. Utter, .as trustee, obtained a judgment, on which execution was issued, against John E. Coker, on March 5, 1919, for something'over $2,000, on two notes ■ waiving homestead and exemption rights. On May 8, 1919, the defendant in execution was adjudicated a bankrupt, and on September 21, 1919, he obtained, his discharge in bankruptcy. Later certain assets were recovered and brought into the estate. Out of tbe proceeds of their sale the sum of $1,445 in cash was set apart by the trustee to the bankrupt as…

1Opinion of the CourtBeck, P. J.

1. A lien creditor by proving his claim does not waive, nor is he estopped from asserting, his lien in a court of competent jurisdiction against the property which the court of bankruptcy -has not the jurisdiction to administer for the benefit of creditors. McBride v. Gibbs, 148 Ga. 380 (96 S. E. 1004).

2. The effect of § 67f of the national bankruptcy act of 1898 is not to void the levies and liens therein referred to against all the world, but *158only as against the trustee in bankruptcy and those claiming under him, in order that the property may pass to and be distributed among the creditors…

2Cases cited3 opinions

  1. Chicago, Burlington & Quincy Railroad v. HallSupreme Court of the United States · 1913
  2. McKenney v. CheneySupreme Court of Georgia · 1903
  3. McBride v. GibbsSupreme Court of Georgia · 1918

3Cited by16 opinions

  1. Griggs v. DodsonSupreme Court of Georgia · 1967
  2. Equitable Credit Co. v. MillerSupreme Court of Georgia · 1927
  3. Massachusetts Mutual Life Insurance v. HirschSupreme Court of Georgia · 1937
  4. Middle Georgia Lumber Co. v. HuntCourt of Appeals of Georgia · 1936
  5. Rosenthal v. LangleySupreme Court of Georgia · 1935

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