Wilkerson v. Burr
Supreme Court of Georgia
In Equity, Muscogee Superior Court. Decision on demurrer, by Judge Iverson, May Term, 1851. Allen Burr sold lot No. 271, in the City of Columbus, to James D. Wilkerson, for $400, payable in fourteen quarterly instalments, and gave bond to make titles when the purchase money was paid. Two of the notes being due, and Wilkerson having removed from the State, Burr sued out an attachment, and had the same levied on the said lot of land.
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In Equity, Muscogee Superior Court. Decision on demurrer, by Judge Iverson, May Term, 1851. Allen Burr sold lot No. 271, in the City of Columbus, to James D. Wilkerson, for $400, payable in fourteen quarterly instalments, and gave bond to make titles when the purchase money was paid. Two of the notes being due, and Wilkerson having removed from the State, Burr sued out an attachment, and had the same levied on the said lot of land. The. lot was sold by the Sheriff, under execution issued on the judgment on said attachment, for $275, which, after paying the judgment, left $167 60, a balance in…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Is there equity in complainant’s bill? Is Burr entitled to have this surplus fund in the hands of the Sheriff applied to the balance of his debt, or have the general judgment creditors of Wilkerson the preference ?
[1.] Sometimes the interest of the vendor, and sometimes of the vendee, in land situated as this is, is sold under execution; and we had supposed that a purchaser under a judgment against either, like a purchaser from either by voluntary conveyance, succeeded only to the interest which the debtor had to encumber or part with, and no…
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