Thompson v. Moses
Supreme Court of Georgia
Lien. Dower. Bankruptcy. Before Judge Johnson. Muscogee Superior Court. November Term, 1870. Mrs. Thompson, on the 1st of September, 1869, prayed for the appointment of commissioners, to assign her dower in certain land, of which she averred her husband, D. B. Thompson, died seized and possessed. Moses objected, for the following reasons: In the fall of 1867, Robert Hays obtained a judgment against said D. B. Thompson, in the Superior Court of said county.
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Lien. Dower. Bankruptcy. Before Judge Johnson. Muscogee Superior Court. November Term, 1870. Mrs. Thompson, on the 1st of September, 1869, prayed for the appointment of commissioners, to assign her dower in certain land, of which she averred her husband, D. B. Thompson, died seized and possessed. Moses objected, for the following reasons: In the fall of 1867, Robert Hays obtained a judgment against said D. B. Thompson, in the Superior Court of said county. Said land was levied on by a fi.fa. issued upon that judgment and other fi.fas., on the 3d of April, 1868, and after due and legal…
1Opinion of the Court
McCay, Judge.
We decided in the case of Sharman vs. Howell, 40th Georgia, 257, that the application of a defendant in execution to be declared a bankrupt, did not affect the right and duty of *385a sheriff to sell property levied on at the date of the petition. The lien of the judgment is preserved by the bankrupt law, and it is at the option of the plaintiff in the judgment to proceed with his execution, or to go into the Bankrupt Court and prove his debt. On looking more closely in the subject, we are fully satisfied with our decision in that case. Under the Bankrupt Act of 1840, the Supreme…
2Cited by6 opinions
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- Hurlbutt v. CurrierSupreme Court of New Hampshire · 1894
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