Sharman v. Howell
Supreme Court of Georgia
Bankruptcy. Rule against Sheriff Before Judge Green. Upson Superior Court. May Term, 1869. Howell held a fi. fia. against Beall et al., founded upon a judgment obtained on the 8th of November, 1867, and ordered the sheriff to collect it. On the 25th of November, 1868, the sheriff levied it upon fifteen hundred pounds of cotton seed, a horse and fifty bushels of corn, as the property of said defendant, and advertised it for sale.
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Bankruptcy. Rule against Sheriff Before Judge Green. Upson Superior Court. May Term, 1869. Howell held a fi. fia. against Beall et al., founded upon a judgment obtained on the 8th of November, 1867, and ordered the sheriff to collect it. On the 25th of November, 1868, the sheriff levied it upon fifteen hundred pounds of cotton seed, a horse and fifty bushels of corn, as the property of said defendant, and advertised it for sale. Before the sale, said defendant produced and exhibited to him a paper in these words: “ Form No. 58. Certificate of protection. Ip the District Court of the United…
1Opinion of the CourtMcCay, J.
There is nothing in the Bankrupt Law giving such an effect to the simple adjudication of bankruptcy, upon final process, in the State Courts, as is contended for by the plaintiff in error. Causes pending are stayed, and property seized under attachment on mesne process, cannot be sold. But if there be a, final judgment, and the sheriff have seized the property, the simple adjudication in bankruptcy does not interfere with the proceedings. The title passes, it is true, to the assignee, but he takes it subject to the lien of the judgment. We do not say that if the Bankrupt Court found it…
2Cited by7 opinions
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- O'Harra v. StoneIndiana Supreme Court · 1874
- McCabe v. GoodwineIndiana Supreme Court · 1879
- Urquhart v. LeverettSupreme Court of Georgia · 1883
- Woodward v. McDonaldSupreme Court of Georgia · 1902
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