Legal Opinion

Bush v. Lester

Supreme Court of Georgia

Decided January 15, 1876PublishedCited by 22 opinions

Bankrupt. Judgments. Homestead. Before Judge Pottle. Oglethorpe Superior Court. October Term, 1875. Reported in the opinion.

1Opinion of the Court

Bleckley, Judge.

1. By the laws of Georgia a judgment has a lien from its date upon all the property of the defendant: Code, section 3580. Is this lien extinguished by the defendant’s discharge in bankruptcy? This court has ruled that it is not: Jones vs. *580Lellyett & Smith, 39 Georgia Reports, 64; Phillips vs. Bowdoin, 52 Ibid., 544; Barber vs. Terrell, 54 Ibid., 146. Several other cases decided by the court tend to show that judgment liens which attached prior to proceedings in bankruptcy, are unaffected, unless the creditor has proved his claim, or the property sought to be reached has been…

2Cited by22 opinions

  1. McBride v. GibbsSupreme Court of Georgia · 1918
  2. Pincus v. Meinhard & BrotherSupreme Court of Georgia · 1913
  3. Broach v. PowellSupreme Court of Georgia · 1887
  4. Dozier v. McWhorterSupreme Court of Georgia · 1901
  5. Morris v. Interstate Bond Co.Supreme Court of Georgia · 1935

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