Brunswick Savings & Trust Co. v. National Bank of Brunswick
Supreme Court of Georgia
Injunction. Before Judge Sweat. Glynn county. July 28, 1897. The National Bank of Brunswick brought its petition against the Brunswick Savings & Trust Company, and Berrie, sheriff of Glynn county, alleging: During the December term, 1894, of the superior court, Jordan S. Thomas as receiver of the First National Bank of Brunswick recovered a judgment against Mrs. Burbage, of said county, for $10,500 principal, besides interest and costs, upon which execution was duly issued…
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Injunction. Before Judge Sweat. Glynn county. July 28, 1897. The National Bank of Brunswick brought its petition against the Brunswick Savings & Trust Company, and Berrie, sheriff of Glynn county, alleging: During the December term, 1894, of the superior court, Jordan S. Thomas as receiver of the First National Bank of Brunswick recovered a judgment against Mrs. Burbage, of said county, for $10,500 principal, besides interest and costs, upon which execution was duly issued and docketed. The judgment and execution were duly assigned to the petitioner, which now holds the same for value, and is…
1Opinion of the CourtLewis, J.
1. In some of the States any senior liens are unaffected by a sale under a junior judgment, and remain enforceable as before. In other States an execution sale transfers the title regardless of both junior and senior liens; their holders being relegated to proceedings for distribution of the proceeds in the sheriff’s hands. 22 Am. & Eng. Ene. L. (1st ed.) 637-639. Before this court was established, it had been the prevailing practice and the law of our courts for years, that the lien of a judgment no longer attaches to property after it is sold by the sheriff under a junior judgment, and that…
2Cases cited3 opinions
- Harrison v. McHenrySupreme Court of Georgia · 1850
- Dowdell v. NealSupreme Court of Georgia · 1851
- Tarver v. EllisonSupreme Court of Georgia · 1876
3Cited by6 opinions
- Raines & Milam v. MilamCourt of Appeals of Georgia · 1982
- Dees v. LoganSupreme Court of Georgia · 2007
- Dozier v. McWhorterSupreme Court of Georgia · 1901
- Berckmans v. TarnokSupreme Court of Georgia · 1921
- Dees v. LoganSupreme Court of Georgia · 2007
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