141 Ga. 674 | Ga. | 1914
1. Where a chattel mortgage given to secure the payment of a promissory note made payable to a named payee or bearer was foreclosed by one “as holder” of the same, and a mortgage fi. fa. was issued in favor of this “holder,” and was levied upon the personalty described in the mortgage, and this property was sold by the levying officer, and
2. Nor was the officer, when ruled by the plaintiff in the mortgage fi. fa. to compel him to pay over the proceeds of the sale under the mortgage fi. fa., entitled to have the amount of the judgment which the garnishing creditor had obtained deducted from the proceeds of the sale and applied to that judgment. And the court erred in holding that an amount sufficient, to pay this judgment should be deducted from the fund arising from the sale under the mortgage fi. fa., and applied to the satisfaction of the execution in favor of the garnishing creditor.
Judgment reversed.