Georgia Reports Volume 9

Georgia Reports Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1851 edition. Excerpt:, considered and qzwslioncd. 2. Even admitting the rule as a principle of general equity, it will not be enforced to the exclusion or postponement ofthe joint creditors, so long as they have recourseat law against the separate estate; that is, the equity in favor of the separate creditors will not be allowed to control or take away a right acquired by an execution at law on the part of the joint creditors against the separate estate.. 3. It is only when the legal recourse of thejoint creditors against the separate estate is terminated, and they ha re no claim against those assets, except in Equity, as in the case of the death, bankruptcy, or perhaps statutory assignment in insolvency of a partner, that the joint creditors are postponed. Motion to distribute money, in Baker Superior Court. Decision by Judge WARnErz, December Term, 1850. A fi. fa. controlled by Charles Cleghorn vs. Charles L. Bass, James S. Calhoun and others, was levied on the sep3.l: flte property of James S. Calhoun. The proceeds of that levy being in the hands of the Sheriff of 'Baker County, a rule was taken against him to show cause why the same should not be paid over to a fi. fa. founded upon an older judgment in favor of the Insurance Bank of Columbus vs. Calhoun & Bass, as partners, on which last judgment a return of " nulla bona" had been entered. Upon the retur n of the Sheriff being made, and argument heard in behalf of both creditors, the Court granted an order requiring the Sheriff to pay the money in hand to the fa. in favor of the Insurance Bank. To this decision Charles Cleghom, by his counsel, excepted and has assigned error thereon. R. K. HINEs, Jr. for plaintiff in error. MCDoUGALD and CARITHERs, for defendant in more

Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236837142
  • 9781236837141