Ferguson v. Hardy

Warner, Chief Justice.

The plaintiffs, as the administrators of Charles Y. Collier, sued out a distress warrant against Ferguson for rent before the note given therefor was due, on the ground alleged therein, that the tenant was seeking to remove his goods from the premises, as provided by the 2285th section of the Code. The defendant filed his counter affidavit, in which he alleged that the land for which the plaintiffs claim their rent in their distress warrant, was levied on and sold by the sheriff of Upson county, on the first Tuesday in July, 1875, by virtue of a fi.fa. against…