Rushin v. Gause
Supreme Court of Georgia
Lien. Exemption. Bankruptcy. Before Judge Andrews. Hancock Superior Court. April Term, 1870. In June 1863, Gause gave Rushin a promissory note for $362 50, for the purchase of certain land in said county. Rushin sued Gause upon it and obtained judgment on the 10th of October, 1866. The fi. fa. issued upon said judgment was, on the 29th of October, 1869, levied hpon said land.
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Lien. Exemption. Bankruptcy. Before Judge Andrews. Hancock Superior Court. April Term, 1870. In June 1863, Gause gave Rushin a promissory note for $362 50, for the purchase of certain land in said county. Rushin sued Gause upon it and obtained judgment on the 10th of October, 1866. The fi. fa. issued upon said judgment was, on the 29th of October, 1869, levied hpon said land. Before this levy Gause had been adjudged a bankrupt, under the Act of Congress of the 2d of March, 1867, his schedule filed with his petition for such discharge included sáid land, and the land was, by his assignee in…
1Opinion of the CourtMcCAY, J.
The bankrupt law of Congress, of the 2d of March, 1867, Section 25, vests' in the bankrupt, free from his debts, whatever property the State exempted from levy and sale, under laws in force in the year 1864, arid we must presume that the property now levied on, as it was set apart to the debtor, under the proceedings in which he was declared a bankrupt, is property that was exempted by our Code which went into force as the law on the 1st of January, 1863. Section 2013 of the Revised Code, exempts certain real estate from levy and sale as the homestead of the debtor, but makes no exception in…
2Cited by3 opinions
- Broach v. PowellSupreme Court of Georgia · 1887
- In Re TrammellDistrict Court, N.D. Georgia · 1925
- Hawks v. HawksSupreme Court of Georgia · 1879