Wheeler v. Redding
Supreme Court of Georgia
Sheriff. Levy and sale. Bankrupt. Homestead. Before Judge Clark. .Sumter Superior Court. January Term, 1875. , Redding obtained a rule against Wheeler, sheriff, requiring him to show cause why he should not pay to the plaintiff $250 00 principal, with interest from September 7th, 3869, and costs, due on an execution against A. B. Raiford, placed in his hands for collection.
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Sheriff. Levy and sale. Bankrupt. Homestead. Before Judge Clark. .Sumter Superior Court. January Term, 1875. , Redding obtained a rule against Wheeler, sheriff, requiring him to show cause why he should not pay to the plaintiff $250 00 principal, with interest from September 7th, 3869, and costs, due on an execution against A. B. Raiford, placed in his hands for collection. The sheriff answered that he had levied the execution upon a sufficient amount of property to make the money due thereon, and was about to sell the same, when W. A. Hawkins, the attorney for the defendant, exhibited to him…
1Opinion of the Court
Bleckley, Judge.
The sheriff, on being ruled, answered with two excuses: First, he said that on the day of sale the defendant’s attorney produced the defendant’s petition in bankrupcy, (with adjudi-' *89cation thereon) in which the land levied upon was claimed as exempt under the bankrupt law, and that he was advised that he could not, therefore, proceed to sell; secondly, he said that the land had previously been set apart as a homestead by the ordinary, under the constitution of 1868.
1. This was final process, and the bankruptcy of the defendant made no difference, unless the sheriff had been…
2Cited by2 opinions
- Woodward v. McDonaldSupreme Court of Georgia · 1902
- Abercrombie v. ButtsSupreme Court of Georgia · 1883