Willis v. Henderson
Supreme Court of Georgia
Partnership property. Levy. Before Judge Harrell. Early Superior Court. April Term, 1871. Henderson’s fi. fa. against P. B. Jones was levied on certain lots of land as the property of P. B. Jones. Jones filed an affidavit that the lands were not his, individually, but belonged to him and John F. Jones, as partners in farming, and also filed a claim to the land for the partnership.
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Partnership property. Levy. Before Judge Harrell. Early Superior Court. April Term, 1871. Henderson’s fi. fa. against P. B. Jones was levied on certain lots of land as the property of P. B. Jones. Jones filed an affidavit that the lands were not his, individually, but belonged to him and John F. Jones, as partners in farming, and also filed a claim to the land for the partnership. Thereupon the sheriff suspended proceedings and returned the affidavit of illegality and claim to Court. Henderson ruled the sheriff for the money due on his fi. fa. The sheriff responded the facts aforesaid as his…
1Opinion of the Court
McCay, Judge.
Without doubt, by the common law, it was competent to levy upon and sell the interest of a partner, in any property belonging to the partnership: Shaw vs. McDonald, 21 Ga., 395. The purchaser got the interest of the partner; he did not get an undivided title, equal to the partner’s share in the concern, according to the agreement, but the interest of the partner after a settlement of the concern affairs: 24 Ga., 625. Evidently this was a very clumsy and, often, a very unjust mode of enforcing the claims of a creditor against one of the firm. The purchaser did not know what he was…
2Cases cited2 opinions
- Shaw v. McDonaldSupreme Court of Georgia · 1857
- Hoskins, Huskill & Co. v. Johnson & GarrettSupreme Court of Georgia · 1858
3Cited by7 opinions
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Citizens Bank & Trust Co. v. Pendergrass Banking Co.Supreme Court of Georgia · 1927
- Baker v. MiddlebrooksSupreme Court of Georgia · 1888
- Ivey v. GatlinSupreme Court of Georgia · 1942
- Bank of LaGrange v. CotterSupreme Court of Georgia · 1897
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