Lenoir v. Weeks
Supreme Court of Georgia
Claim, in Fulton Superior Court. Tried before Judge Bull, April Term, 1856. The following statement of facts was agreed upon by Counsel for the parties in the Court below : At the time of the rendition of the judgments on which the fi. fa. issued', the law books which were the subject of the levy, were the property of Samuel C. Elam the defendant in fi. fa.
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Claim, in Fulton Superior Court. Tried before Judge Bull, April Term, 1856. The following statement of facts was agreed upon by Counsel for the parties in the Court below : At the time of the rendition of the judgments on which the fi. fa. issued', the law books which were the subject of the levy, were the property of Samuel C. Elam the defendant in fi. fa. They were afterwards sold by the defendant in fi. fa. to the claimant, Madison L. Lenoir; that Elam was a practising Attorney, using said books, 66 volumes, as his law library ; that he was a man of family, consisting of wife and children.…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
By the Act of 1822, (Cobb’s Digest, 385,) “ the common *597■tools” of a debtor are exempt from levy and sale under execution. Is the law library of an Attorney protected by the i Statute ? -
By the Judiciary Act of 1799, all the property, real and personal, of the defendant, is bound by the judgment and subject to its payment. The Act of 1822, therefore, being in derogation of the common rights of creditors to secure and collect their debts out of all the property of their debtors, ■ought to have a strict construction. The word tool is defined to be…
2Cited by6 opinions
- Curry v. Dial Finance Corp. (In Re Curry)United States Bankruptcy Court, N.D. Georgia · 1982
- Kirksey v. RoweSupreme Court of Georgia · 1902
- Lindsay v. U.S. Bank (In Re Lindsay)United States Bankruptcy Court, D. Oregon · 1983
- Burt v. Stocks Coal Co.Supreme Court of Georgia · 1904
- Rietz v. ButlerDistrict Court, N.D. Georgia · 1971
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