39 Ga. 64 | Ga. | 1869
This was a claim case tried in the Court below, upon an agreed statement of facts. The plaintiffs levied an execution upon a tract of land as the property of Wooten, one of the defendants therein, to satisfy their judgment lien against the same. The land was claimed by Jones, who had purchased the land from Wooten after the date of the judgment. The precise agreement of facts, as stated in the record, is as follows: “That Wooten, one of the defendants in fi. fa., and who owned the property in dispute since the rendition of this judgment, has been regularly discharged under the Bankrupt Act of March 2nd, 1867; that the judgment, in this case, was a valid lien on the property levied on up to the time Wooten became a bankrupt, and is so yet, unless it has been discharged by the bankruptcy of Wooten and his discharge under said act, that Wooten had sold the land levied on several years before the passage of the bankrupt law, and that Jones, the claimant, had gone into possession of it, that this property was not included in his schedule, that this debt was not proved in bankruptcy, and that his estate paid-
Let the judgment be entered affirming the judgment of the Court below.