Owens v. Keeney

• Decision Date: 13 December 1916
• Docket Number: ( No. 167.)
• Citation: 91 S.E. 65,146 Ga. 257
• Parties: OWENS v. KEENEY et al.
• Court: Georgia Supreme Court

91 S.E. 65

(146 Ga. 257)

OWENS

v.KEENEY et al.

(No. 167.)

Supreme Court of Georgia.

Dec. 13, 1916.

(Syllabus by the Court.)

Error from Superior Court, Pulton County; J. T. Pendleton, Judge.

Money rule by P. G. Keeney against C. W. Mangum, to which L. L. Owens, administrator, and others, were made parties. From the judgment, the administrator brings error. Affirmed.

Mayson & Johnson, of Atlanta, for plaintiff in error.

Douglas & Douglas and Hewlett, Dennis & Whitman, all of Atlanta, for defendants in error.

HILL, J. This case arose upon issues presented in a money rule brought by P. G. Keeney v. C. W. Mangum, sheriff of Fulton county, and the answer of the sheriff, and is a contest between certain contract liens and a judgment lien. It appears from the record that Keeney obtained a general judgment in the city court of Atlanta, against Mrs. L. M. Bostick, on July 6, 1915, for the principal sum of $700, with interest and costs, and that the same was established as a special lien on a certain described lot of land in the city of Atlanta. This judgment was based on a note dated May 26, 1914, and secured by warranty deed to the lot to secure a loan from Keeney to Bostick. The lot was sold under a judgment in favor of Irvine L. Eiseman against Mrs. L. M. Bostick, the judgment being dated July 6, 1915, and was based on a note dated August 23, 1909, for the principal sum of $1,750, the note being secured by a deed of the same date covering the same parcel of land. The judgment was for $1,978.70, including principal, interest, and attorney's fees. W. E. Tread-well & Co. obtained a general judgment in the city court of Atlanta against Mrs. Bostick July 6, 1915, which was also made a special lien on the same property, for the sum of $1,776.50, covering principal, interest, and attorney's fees on a note dated May 28, 1914, which was secured by a warranty deed of the same date on the same property. L. L. Owens, administrator, on July 7, 1914, obtained a general judgment against Mrs. Bos tick for the principal sum of $1,900, $126.35 interest, and $202.65 as attorney's fees, and costs. His suit was filed on July 13, 1914, and notice of intention to bring it was given June 4, 1914. He caused summons of garnishment to be issued and served on the sheriff after the sale of the land and the payment in full of the Eiseman fi. fa. The land brought at the Eiseman sale $3,100, and there remained in the sheriff's hands, at the time of the hearing on the rule, the sum of $1,016.34, and this sum was claimed by Keeney on account of his deed being the second loan deed, and the balance by Tread-well & Co. on their deed which was the third on the property. Owens,...