Cincinnati Cordage & Paper Co. v. Dodson Printers Supply Co.

1. Where property levied on -under a mortgage fi. fa. is sold under the provisions of the Civil Code, §§ 5463, 5464, an order for the sale having been duly granted upon a petition therefor by the ’ plaintiff in such fi. fa., he can not complain that in proceedings to distribute the funds arising from the sale the court in which the proceedings are had awards a portion of the funds to the holder of a mortgage of an older date, which created a lien upon the property sold, although the *517mortgage last referred to lias not been foreclosed. Welsh v. Lewis, 71 Ga. 387.

Argued May 19, Decided November…