Miller v. Ferrell

Opinion by

Judge Cofer:

The appellant is assignee in bankruptcy of John Cravens, and has in his hands as such the dividends on a claim of B. F. Ferrell proved against the bankrupt’s estate. John H. Ferrell, a creditor of B. F„ Ferrell, attached the fund in appellant’s hands. The appellant *49answered, alleged and proved that he was surety for B. F. Ferrell and others on a note to Johnson; that long prior to the attachment he, as such surety, paid off the note, and it was assigned to him; and that there was a balance due on it exceeding the amount of the funds in his hands.

Rountree & Lisle, for…