Field v. Armstrong
Supreme Court of Georgia
Money Rule. Evidence. Parties. Practice in Superior Court. Before Judge UNDERWOOD. Gordon Superior Court. August Adjourned Term, 1881. In 1875 Willingham, who was plaintiff in a fi.fa. against J. M. Field, ruled the sheriff and called upon him to show why the fi.fa. should not be paid.
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Money Rule. Evidence. Parties. Practice in Superior Court. Before Judge UNDERWOOD. Gordon Superior Court. August Adjourned Term, 1881. In 1875 Willingham, who was plaintiff in a fi.fa. against J. M. Field, ruled the sheriff and called upon him to show why the fi.fa. should not be paid. The sheriff answered, admitting that he had sold the lands of the defendant, and 'that there was for distribution $16,754.54. He also stated that Lewis Tumlin and E. E. Field bid in the property, but had paid no money, claiming that they had the oldest liens and were entitled to the fund. They were permitted by…
1Opinion of the Court
SPEER, Justice.
Joseph Willingham, a judgment creditor, brought his rule in Gordon superior court at the February term, 1875, against Roff, sheriff, to answer as to the amount of a fund in his handsarising from the sale of certain lands of James M. Field, and to show cause why out of said fund there should not be paid to movant the amount due him ona certain fi. fa. which he controlled as assignee vs. James M. Field. To this rule the sheriff answered, “admitting *175he had sold, said .lands, and after paying all expenses there was a balance of said sale of $16,764.50 left for distribution, when…
2Cases cited4 opinions
- Rountree v. RutherfordSupreme Court of Georgia · 1880
- Robertson v. SmithSupreme Court of Georgia · 1868
- Gray v. WillinghamSupreme Court of Georgia · 1877
- Adkins v. BakerSupreme Court of Georgia · 1849
3Cited by2 opinions
- Georgia Realty Co. v. Bank of CovingtonCourt of Appeals of Georgia · 1917
- Thrash & Co. v. HarmanCourt of Appeals of Georgia · 1917