Legal Opinion

Farmers & Merchants Bank v. Reeves

Court of Appeals of Georgia

Decided June 14, 1917No. 8149Published

Exceptions to auditor’s report; from Upson superior .court— Judge Searcy. August 14, 1916.

1Opinion of the CourtJenkins, J.

While the rights of third persons must be respected by a creditor in making application of payments to him by the debtor (Newton v. Nunnally, 4 Ga. 356; Simmons v. Cates, 56 Ga. 609; Baumgertner v. McKinnon, 10 Ga. App. 219 (2), 224, 73 S. E. 519), and while a creditor who holds both a secured and an unsecured claim can not appropriate a payment to him first to his unsecured claim, over the objection of another creditor holding a lien upon the property from which the fund of the payment was derived (Cofer v. Benson, 92 Ga. 793, 19 S. E. 56; Leonard v. Fields, 143 Ga. 479, 85 S. E. 315; Stulls…

2Cases cited8 opinions

  1. Cofer v. BensonSupreme Court of Georgia · 1894
  2. Baumgartner v. McKinnonCourt of Appeals of Georgia · 1912
  3. Fountain v. FountainCourt of Appeals of Georgia · 1910
  4. Newton v. NunnallySupreme Court of Georgia · 1848
  5. Simmons v. CatesSupreme Court of Georgia · 1876

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