Watkins v. Cason
Supreme Court of Georgia
Foreclosure of mortgage. Homestead. Garnishment. Before Judge Twiggs. Jefferson Superior Court. November Term, 1871. Susan Cason instituted proceedings against William PI.
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Foreclosure of mortgage. Homestead. Garnishment. Before Judge Twiggs. Jefferson Superior Court. November Term, 1871. Susan Cason instituted proceedings against William PI. Watkins to foreclose a mortgage given to secure the payment of four promissory notes, dated January 1st, 1870, due twelve months after date, and each for the sum of $>100. The defendant pleaded that a judgment in garnishment was rendered against him as a debtor of the plaintiff for the sum of $>335 62, which he was compelled to satisfy; that he claims a deduction from plaintiff’s demand to the amount aforesaid. The evidence…
1Opinion of the Court
Montgomery, Judge.
We think the Constitution controls this case. Garnishment is but a process by means of which to reach property of a defendant inaccessible to an ordinary execution. It has no greater lien upon the debt garnisheed than an execution lias on property levied on by it, with the qualifications pointed out by statute, not here necessary to be noticed. The garnishee had notice that his debt had been set apart to Mrs. Cason as personalty under the homestead laws, and that, therefore, it was not liable to be subjected to the payment of auy debt due by her, not in the excepted class.…
2Cited by3 opinions
- Southern Railway Co. v. FulfordSupreme Court of Georgia · 1906
- Carson v. Railway Co.Tennessee Supreme Court · 1890
- Taylor v. JarrellSupreme Court of Georgia · 1898