9 Ga. 82 | Ga. | 1850
By the Court.
delivering the opinion.
In this case, it appears from the record, that complainant was not the owner of the judgments against Bonner, until after the rendition of the judgment in favor of Bonner against him. The judgment in favor of Bonner against Wellborn, the complainant, was rendered in February, 1850. In the month of March thereafter, the complainant purchased and obtained an assignment of the judgments against Bonner. At law, both parties were enti
According to the Judiciary Act of 1799, all the property of the defendant is bound by the judgment from the date thereof. Prince, 426. Bonner sues out his execution against Wellborn, and the Sheriff collects the money; the money is in the custody of the law; the money is the property of Bonner, and subject to the payment of his debts. What is to hinder Millers, Ripley & Co.' from placing their judgments in the hands of the Sheriff, with notice to retain the money until the next term of the Court, and then, for the money to be distributed according to the respective liens upon it,, created by law? The complainant, who is the assignee of Millers, Ripley & Co. has precisely the same right; and then, all the liens created by law will be considered and adjudicated accordingly. But suppose a Court of Equity should interfere in favor of the complainant, who is a purchaser of a judgment lien upon the defendant’s property, subsequent to the rendition of the defendant’s judgment against him, and decree a set off or a satisfaction of the defendant’s judgment, with the judgment so purchased by the complainant, it will be perceived, that if this is allowed to be done, a junior judgment might be purchased, and satisfaction had thereof out of the defendant’s property, to the exclusion of other judgment creditors, who might have a prior lien upon the property of the defendant, and thereby defeat the provisions of the Judiciary Act of 1799. It is true, it does not appear on the face of this- record, that there