144 Ga. 272 | Ga. | 1915
Four executions in favor- of Lee Hand against Charles Hatton were placed with F. B. Brown, sheriff of Fayette county, for collection. The executions were levied by the sheriff on certain personalty as belonging to the defendant. On the day after the levy one Kirkland, who had a mortgage on the personalty,given by Hatton subsequently to the rendition of Hand’s judgments, foreclosed his mortgage. The sheriff accepted a forthcoming bond from Hatton, with Kirkland as security, and released the property. The property was not produced on sale day, and a suit in the name of the sheriff, for the use of Hand, was-brought on the bond, which eventuated in a judgment against
Judgment affirmed.