Simmons v. Cates
Supreme Court of Georgia
Assignment. Principal and surety. Levy and sale. Before Judge Rice. Gwinnett Superior Court. September Adjourned Term, 1875. Reported in the opinion.
1Opinion of the Court
Jackson, Judge.
Simmons bought from Hudson a judgment against Cates, with Culver, as surety on appeal, and he bought from Spence *610a judgment against Cates with no security. Property of Cates was levied upon and sold, and Simmons bought it; and as he controlled both judgments, as assignee, he did not actually pay the money over to the sheriff but took a deed to the property from him and credited the amount upon the Spence fi. fa., which is of younger date than the Hudson fi. fa. Subsequently Simmons sought to enforce the older fi. fa. against the surety, Culver. This was resisted on the ground…
2Cited by7 opinions
- Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
- Brunswick Grocery Co. v. Brunswick & Western RailroadSupreme Court of Georgia · 1898
- Cofer v. BensonSupreme Court of Georgia · 1894
- Baumgartner v. McKinnonCourt of Appeals of Georgia · 1912
- Jones v. HawkinsSupreme Court of Georgia · 1878
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