56 Ga. 271 | Ga. | 1876
This is a claim case arising from the following facts:
Heard is assignee of a fi. fa. in which Nolan is plaintiff, and Jones is claimant, having purchased land levied on from R. G. Griffin, defendant in fi. fa. On the7th day of September, 1868, Nolan obtained judgment in Columbia superior court against said Griffin as principal, and F. S. Griffin and William Wood-all securities, for $1,187 37, and this judgment was duly assigned to Heard, January 10th, 1873. In the latter part of 1873 said R. G. Griffin was adjudicated a bankrupt, and the land levied on was duly declared part of his homestead exemption. February 17th, 1874, said Heard proved his judg
It was admitted by counsel that Heard had received no dividend from R. G. Griffin, but the evidence in the record shows that he received from the assets of Woodall, one of the defendants in the judment, the sum of $494 10, which was awarded to said plaintiff’s claim and paid over to him.
The court instructed the jury to return a verdict for claimant, which was done, and counsel for Heard excepted.
The only question made and insisted on here was whether Heard, by proving his judgment debt in the bankrupt court, thereby lost his judgment lien on the bankrupt’s land which had been set apart to him as an. exemption by the bankrupt court in the administration of the assets of the bankrupt’s estate. The plaintiff’s judgment, was a debt due by the bankrupt. It was also a debt of record, which, by the statute law of this state, created a lien on the bankrupt’s property. When Griffin was adjudicated a bankrupt it was optional with Heard,, his judgment creditor, whether he would go into the bankrupt court and prove his debt in that court and
Judgment affirmed.