Rawson v. Davis
Supreme Court of Georgia
Rule against sheriff and motion to distribute money. Decided by Judge Clarke. Randolph Superior Court. November Term, 1867. This case came up upon an agreed statement of facts, and without the record.
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Rule against sheriff and motion to distribute money. Decided by Judge Clarke. Randolph Superior Court. November Term, 1867. This case came up upon an agreed statement of facts, and without the record. William F. Davis, sheriff, had certain money arising from the sale of the property of Seaborn A. Smith, and William A. Rawson wished to have it applied to a fi. fa. which he held by transfer from Bemis & Prescott, plaintiffs in fi. fa., vs. said Smith, to the exclusion of the fi.fa. which had brought the money into court, and certain other fi. fas. These were all younger than Rawson’s fi,. fa.,…
1Opinion of the CourtWarner, C. J.
' The error assigned to the judgment of the Court below in this case, is in deciding that the junior judgment creditors were entitled to the money, to the exclusion of the older ji. fa. The fi.fa. in favor of Bemis & Prescott, was levied upon the defendant’s property sufficient to satisfy the same. On the 5th day of November, 1858, the defendant paid part of the money due on the fi. fa., and the plaintiffs ordered the levy to be dismissed, the sheriff making the following entry on the fi. fa.: “Levy dismissed by order of the plaintiffs without a sale of the property.” Subsequently the ji. fa.…
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