Taylor v. Solomon
Supreme Court of Georgia
Intervention. Before Judge Mathews. Bibb superior court. February 21, 1921. W. G-. Solomon, executor, filed a petition seeking to intervene in the case of Schofield et al. v. Exchange Bank of Macon, pending in Bibb superior court, alleging that on Novémber 13, 1894, C. II.
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Intervention. Before Judge Mathews. Bibb superior court. February 21, 1921. W. G-. Solomon, executor, filed a petition seeking to intervene in the case of Schofield et al. v. Exchange Bank of Macon, pending in Bibb superior court, alleging that on Novémber 13, 1894, C. II. Solomon executed to D. M. Nelligan, as assignee, a deed of assignment which was duly recorded, and which conveyed his entire stock of merchandise, notes, accounts, dioses in action, etc., for the benefit of creditors; that the assignor died on August 30, 1895; that petitioner believes the debts due to preferred creditors…
1Per curiam
1. Where an assignment is made by an insolvent debtor for the benefit of creditors, any surplus remaining in the hands of the assignee after the payment of debts would revert by operation of law to the assignor. Carey v. Giles, 10 Ga. 9, 30; Lay v. Seago, 47 Ga. 82, 86; 2 Ruling Case Law, 712, § 64.
2. None of the grounds of demurrer are meritorious, and the judgment of the court overruling the same was not erroneous.
Judgment affirmed.
All the Justices concur. The defendants demurred to the petition on the grounds: (1) the prayers are not pertinent or germane to the cause in which petitioner…
2Cases cited2 opinions
- Lay v. SeagoSupreme Court of Georgia · 1872
- Carey v. GilesSupreme Court of Georgia · 1851