Ferguson v. Citizens Bank & Trust Co.

ELLIS, Judge:

Defendant Citizens Bank and Trust Company obtained a money judgment against plaintiff, Jesse C. Ferguson, Jr., on January 12, 1970. Mr. Ferguson and his wife, Catherine D. Ferguson, also a plaintiff herein, subsequently filed a petition in bankruptcy, and received a discharge on October 7, 1970. Defendant’s judgment was properly scheduled, and plaintiffs were discharged from any personal responsibility for same. However, plaintiffs homestead was disclaimed by the bankruptcy court.

Thereafter, claiming an in rem right against the property, defendant caused a writ of fieri facias to…