Williams v. Williams Co.
Supreme Court of Georgia
Levy and claim. Before Judge Seabrook. Appling superior court. January 9, 1904. On April 5, 1899, Joseph Williams obtained judgment against 1.1. Moody and George. Moody. The execution was levied on an undivided two-sevenths interest in 125 acres of lot No. 8, and a like interest in lot No. 2, iu the 2d district of Appling county. The J. P. Williams Company, purchasers under a mortgage from I. I. Moody and Robert Moody, dated January 20, 1897, filed a claim.
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Levy and claim. Before Judge Seabrook. Appling superior court. January 9, 1904. On April 5, 1899, Joseph Williams obtained judgment against 1.1. Moody and George. Moody. The execution was levied on an undivided two-sevenths interest in 125 acres of lot No. 8, and a like interest in lot No. 2, iu the 2d district of Appling county. The J. P. Williams Company, purchasers under a mortgage from I. I. Moody and Robert Moody, dated January 20, 1897, filed a claim. The plaintiff assumed the burden, and proved that the defendants in fi. fa. were two of seven heirs of I. I. Moody, who died sometime…
1Opinion of the Court
Lamas, j.
(After stating the foregoing facts.) A judgment creditor may not only sell the defendant’s tangible property, but by garnishment he may acquire a control over his choses in action, and thereby in effect bring suit against his debtor’s debtor. Indeed, so extensive are the creditor’s rights that it may be said that the judgment creditor stands in the judgment debtor’s shoes. But this rule is not without exception. For there are cases in which a creditor may enforce claims where the debtor could not. ' And, conversely, the debtor may proceed where the creditor could not. Secret liens…
2Cases cited16 opinions
- Amis v. CameronSupreme Court of Georgia · 1875
- Humphrey v. CopelandSupreme Court of Georgia · 1875
- Mutual Loan & Banking Co. v. HaasSupreme Court of Georgia · 1897
- Whitley v. JamesSupreme Court of Georgia · 1904
- Hood v. PerrySupreme Court of Georgia · 1885
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3Cited by16 opinions
- Stonecipher v. KearSupreme Court of Georgia · 1908
- Burgess v. SimmonsSupreme Court of Georgia · 1950
- Delray Incorporated v. ReddickSupreme Court of Georgia · 1942
- Caldwell v. Northwest Atlanta BankSupreme Court of Georgia · 1942
- Young v. BozemanSupreme Court of Georgia · 1972
11 more not listed; retrieve them via the Exa API.