Henderson v. Mayer
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. Samuel Mayer owned a plantation in Dooley County, Georgia, which he rented to Joseph Burns for one year. The rent not having been paid at maturity, Mayer, on Nov. 13, 1908, made an affidavit in conformity with the statute, and a justice of the peace thereupon issued a distress warrant, which, on the same day, was levied upon the cotton, corn and other products of the place.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. Samuel Mayer owned a plantation in Dooley County, Georgia, which he rented to Joseph Burns for one year. The rent not having been paid at maturity, Mayer, on Nov. 13, 1908, made an affidavit in conformity with the statute, and a justice of the peace thereupon issued a distress warrant, which, on the same day, was levied upon the cotton, corn and other products of the place. The crops found on the premises being, apparently, insufficient to pay what was due, the sheriff,, at the same time, levied upon other property by virtue of…
1Opinion of the CourtJustice Lamar
The provisions of the Bankruptcy Act, preventing an insolvent from giving or the creditor from securing preferences for preexisting debts, apply not only to mortgages and transfers voluntarily made by the debtor, but also to those preferences which aré obtained through legal pro ceedings, whether the lien dates from the entry of the judgment, from the attachment before judgment, or, as in some States, from the levy of execution after judgment. But the statute was not intended to lessen rights which already existed, nor to defeat those inchoate liens given by statute, of which all creditors…
2Cited by73 opinions
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- In Re Taylorcraft Aviation CorporationCourt of Appeals for the Sixth Circuit · 1948
- Ginsberg v. LindelCourt of Appeals for the Eighth Circuit · 1939
- Britton v. Western Iowa Co.Court of Appeals for the Eighth Circuit · 1925
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