Barber v. Terrell
Supreme Court of Georgia
Bankrupt. Judgment. Liens. Evidence. Claims. Debtor and creditor. Charge of Court. Practice in the Superior Court. Before Judge Bartlett. Greene Superior Court. March Adjourned Term, 1874. Eliliu S. Terrell recovered a judgment against Josiah Davis ' at the December term, 1866, of Greene county court. Execution issued, and in May, 1873, was levied on a house and lot. A claim thereto was interposed by Orville Barber.
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Bankrupt. Judgment. Liens. Evidence. Claims. Debtor and creditor. Charge of Court. Practice in the Superior Court. Before Judge Bartlett. Greene Superior Court. March Adjourned Term, 1874. Eliliu S. Terrell recovered a judgment against Josiah Davis ' at the December term, 1866, of Greene county court. Execution issued, and in May, 1873, was levied on a house and lot. A claim thereto was interposed by Orville Barber. Upon the trial of the issue thus formed, substantially the following facts appeared : - Davis conveyed the property in dispute to the claimant on April 19th, 1866, for an alleged…
1Opinion of the Court
Trippe, Judge.
1. A judgment creditor in this state has a lien by statute on all the property of his debtor. By the act of 1818, (Code, section 1952,) a fraudulent conveyance by a debtor is null and void as to his creditors. Whenever a judgment is obtained and the creditor desires to assert it against property which his debtor has transferred on the ground of fraud, he can enforce it directly by a levy on such property, even if it were transferred before judgment. There is no necessity to institute any *149original pi’oceeding for that purpose, to which it may be necessary to make the debtor and…
2Cases cited4 opinions
- T. H. & J. M. Allen & Co. v. MontgomeryMississippi Supreme Court · 1873
- Sedgwick v. MenckU.S. Circuit Court for the District of Southern New York · 1868
- Knowlton v. MoseleyMassachusetts Supreme Judicial Court · 1870
- Lawless v. Berry (In Re Berry)United States Bankruptcy Court, E.D. Tennessee · 1979
3Cited by13 opinions
- McLendon v. Reynolds Grocery Co.Supreme Court of Georgia · 1925
- Broach v. PowellSupreme Court of Georgia · 1887
- Merrell v. BeckwithSupreme Court of Georgia · 1994
- Virginia-Carolina Chemical Co. v. HollisCourt of Appeals of Georgia · 1919
- Burkhalter v. Glennville BankSupreme Court of Georgia · 1937
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