140 Ga. 608 | Ga. | 1913
1. A sheriff who has in his hands, for the purpose of making the money thereon, an execution issued upon a judgment rendered by a court has no authority, upon receiving the amount of the execution from a third person, to transfer the execution to him, so as to enable him to claim thereunder the proceeds of the sale of the property of the defendant in execution, made under the levy of an execution issued upon a prior judgment obtained against him. See Civil Code, § 5969.
2. Accordingly, where a sheriff had in his hands money arising from the sale of personal property sold by virtue of an attachment levied thereon, and a rule was brought against him by a third person, claiming the money as the transferee under an execution older than the attachment, and on the trial it appeared that the third person, claiming the money as transferee, paid to the sheriff the amount due on the prior execution,
3. The undisputed evidence in the case, and the application of the legal principles above announced, demanded a verdict in behalf of the plaintiffs in attachment, and the court erred in refusing a new trial.
4. It is unnecessary to decide the other.questions made in the motion for. a new trial.
Judgment reversed.