127 Ga. 626 | Ga. | 1907
We proceed now to deal with the ease under the first theory. We may regard it as fundamental that the owner of property may, as against his creditors, sell, lease, or otherwise dispose of the same, in whole or in part, so long as the transaction is in good faith and founded upon a valuable consideration. A .purchaser or other person acquiring any interest in the property takes the same, under circumstances above referred to, freed from the claim of creditors who have no lien at the time that the owner makes the disposition of his property to him. A creditor who acquires a lien after such disposition by the debtor can, as a general rule, seize, under the process issued in enforcement of his lien, only such interest in the property as remains in his debtor, and can not defeat or in any way interfere with the purchaser in the rights that he has acquired
Under its agreement, the garnishee acquired a right to use each ear of the defendant in attachment as it came into its possession under the circumstances referred to. This was not a mere naked right under the answer, but was based upon a consideration; for, under the arrangement between the companies, each one was to pay the other for the use which it made of the other’s cars. 'We see no reason why such an agreement is not valid, and, if it is valid, under its terms the company receiving the car loaded acquires a special property therein, — that is, present possession with
Under the record it appears that this contract of hire, or this right to the use of the car so vested in the garnishee by virtue of the contract, would not cease to exist until after the ear had been returned to a point beyond the limits of this State. At that time the garnishee loses control of the car and if is beyond the jurisdiction of the court. The garnishee would neither have a contrac
It is insisted further, however, that the ear is a part of the.equipment of a railroad company employed generally in the hauling o£
Judgment affirmed.