63 Ga. 296 | Ga. | 1879
This was a rule against the sheriff of Troup county for the distribution of money in his hands arising from the sale of a tract of land therein described. The court ordered the money in the sheriff’s hands to be paid over to Frost and credited on his fi. fa. / whereupon Moore, the other claimant of the money, excepted.
It appears from the evidence in the record, that Moore was the assignee of a judgment obtained against the defendant, Allea, on the 11th day of December, 1873, for the sum of $767.68 principal, besides interest; that on the 16th day of December, 1873, Allen, with the consent of his wife, deeded the land sold, to Frost, to secure the payment of a debt which he owed him amounting to the sum of $7.10.00, the said Frost executing a bond to Allen and wife conditioned to reconvey said land on the payment of the aforesaid debt when it became due. It further appears that after said debt became due, Frost obtained a judgment
Let the judgment of the court below bo affirmed.