Coffey v. Mitchell

1. The mere fact that a creditor holds the note of his debtor, which contains a waiver of exemption rights, does not give the creditor any -lien, equitable or otherwise, on property of the debtor which he ha» scheduled in 'bankruptcy ■ and asked that it be set apart as exempt. See Bowen v. Keller, 130 Ga. 31, 34 (60 S. E. 174, 124 Am. St. R. 164).

2. No relief being sought as against the bankrupt defendant other than a special judgment fixing a lien on the property which he was seeking to have set apart as an exemption in bankruptcy, arid it not appearing that any exemption had actually been…