Andrews & Co. v. Kaufmans
Supreme Court of Georgia
Attachments. Lien. Judgments. Fraud. Before Judge Crawford. Muscogee Superior Court. November Term, 1877. To the report contained in the decision, it is only necessary to add, that the court charged, in substance, as follows: The issuing and levying of the attachment created a lien, and when judgment was obtained, the lien was good as against the debtor; the only question is, was it good as against the other creditors who held the small judgments against the debtor ? If…
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Attachments. Lien. Judgments. Fraud. Before Judge Crawford. Muscogee Superior Court. November Term, 1877. To the report contained in the decision, it is only necessary to add, that the court charged, in substance, as follows: The issuing and levying of the attachment created a lien, and when judgment was obtained, the lien was good as against the debtor; the only question is, was it good as against the other creditors who held the small judgments against the debtor ? If nothing else appeared except their existence and priority over the judgment in attachment, they would be entitled to the…
1DissentJackson, Judge
The law is undoubtedly that a debtor may ordinarily give a preference to one creditor over .other creditors when he is in failing circumstances, provided he honestly owes such creditor. This he may do by sale, by mortgage, or by cutting up a large note into small ones, so that the preferred creditor may get the first judgment by suing in a court which can render judgment in a shorter time. 18 Ga., 666-22 Ib., 466; 23 Ib., 616 ; Code, §§447, 1953.
By examining these cases, it will be seen, however, that in none of them had the property of the debtor been attached and a lien created. In the…
2Cases cited3 opinions
- Raefle v. MooreSupreme Court of Georgia · 1877
- Bank of Savannah v. Planters BankSupreme Court of Georgia · 1857
- Lively v. HarwellSupreme Court of Georgia · 1859