Spradlin v. Kramer
Supreme Court of Georgia
Claim to land. Before Judge Freeman. Heard superior court. January 6, 1916. Mrs. Buth Kramer obtained a judgment in personam in the city court of Carrollton, upon a promissory note, against J. L. Vaughan. An execution issued and was levied upon certain designated land. A claim was filed by J. W. Spradlin Sr. and J. W. Spradlin Jr.; and they made a motion to dismiss the levy.
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Claim to land. Before Judge Freeman. Heard superior court. January 6, 1916. Mrs. Buth Kramer obtained a judgment in personam in the city court of Carrollton, upon a promissory note, against J. L. Vaughan. An execution issued and was levied upon certain designated land. A claim was filed by J. W. Spradlin Sr. and J. W. Spradlin Jr.; and they made a motion to dismiss the levy. By consent of counsel for both parties the question of law made by the claim was passed upon in vacation. The court overruled-the motion to dismiss the levy, and the claimants excepted. The following is, in substance, the…
1Opinion of the Court
Gilbert. J.
(After stating the foregoing facts.)
1. The petition, contained no prayer for enforcement of the special lien embraced in the contract. The judgment against Vaughan was general. He was adjudicated a bankrupt within four months from the rendition of the judgment on the notes. A deed of reconveyance was duly executed, delivered, and recorded as provided by the Civil Code. Did the bankruptcy render the judgment against Vaughan void? To answer this question is to decide this case. The judgment of the trial court on the motion to dismiss the levy answered the question in the negative,…
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