Watkins v. Cason
| Decision Date | 31 July 1872 |
| Parties | WILLIAM H. WATKINS, plaintiff in error. v. SUSAN CASON, defendant in error. |
| Court | Georgia Supreme Court |
Foreclosure of mortgage. Homestead. Garnishment. Before Judge Twiggs. Jefferson Superior Court. November Term, 1871.
Susan Cason instituted proceedings against William H. Watkins to foreclose a mortgage given to secure the payment of four promissory notes, dated January 1st, 1870, due twelve months after date, and each for the sum of $100.
The defendant pleaded that a judgment in garnishment was ren-dered against him as a debtor of the plaintiff for the sum of $335 62, which he was compelled to satisfy; that he claims a deduction from plaintiff's demand to the amount aforesaid.
The evidence disclosed the following state of facts: R. K. Dixon, as trustee, commenced suit against Susan Cason in Washington Superior Court, and had process of garnishment served upon William H. Watkins, returnable to Jefferson Superior Court. He recovered a judgment against Susan *Cason at the April Term, 1870, of Washington Superior Court, upon which a judgment was rendered against William H. Watkins, garnishee, at the November Term, 1870, of Jefferson Superior Court, for the sum of $265 27, with interest from April 9th, 1868, and for $14, costs. Execution was issued upon this last judgment and levied upon a house and lot as the property of Watkins, on January 4th, 1871, and on the same day the fi. fa. was settled in full by the payment of $335 62. On December 12th, 1870, the aforesaid promissory notes and mortgage were set apart to Susan Cason as a portion of her exemption of personalty, and on the 22d day of the same month, William H. Watkins was notified of this fact in writing.
Counsel for the defendant requested the Court to charge the jury, "that the judgment against Watkins in Dixon's favor, for the amount of Dixon's fi. fa., against Mrs. Cason, was a payment of these notes of Mrs. Cason against Watkins to the amount of the judgment in garnishment against Watkins, and the only right in these notes which could be set apart as an exemption of personalty for Mrs. Cason, was the amount due on them, less the amount to be paid Dixon by Watkins, under the judgment in garnishment."
The Court refused the above request, and charged the jury as follows, to-wit:
"I charge you, gentlemen of the jury, that when Mrs. Cason had these notes set apart as her exemption of personalty, they were no longer liable to the judgment in garnishment against Watkins, as a debtor of Mrs. Cason, and Mrs. Cason's lien on these notes and mortgage became superior to all other liens, and if Watkins paid the amount due Dixon, with full notice that these notes and mortgage had been set apart as an exemption of personalty for Mr. Cason, he is still...
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El Bert Sales Co v. Granite City Bank, 26139.
...War veteran being exempt from garnishment, the garnishee, as was done in the answer, should have set up the fact of exemption. Watkins v. Cason, 46 Ga. 444; Southern Ry. Co. v. Pulford, 125 Ga. 103, 104, 54 S.E. 68, 5 Ann.Cas. 168; Emmons. McKee & Co. v. Southern Bell Tel. & Tel. Co., 80 Ga......
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Elbert Sales Co. v. Granite City Bank
...War veteran being exempt from garnishment, the garnishee, as was done in the answer, should have set up the fact of exemption. Watkins v. Cason, 46 Ga. 444; Southern Ry. Co. v. Fulford, 125 Ga. 103, 104, 54 S.E. 68, 5 Ann.Cas. 168; Emmons, McKee & Co. v. Southern Bell Tel. & Tel. Co., 80 Ga......
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Taylor v. Jarrell
...to apply for a homestead in property after the same had been seized under execution. We think the principle ruled in the case of Watkins v. Cason, 46 Ga. 444, is not only sound in law, but that it controls this case. There the notes which were sought to be subjected to the debt by the garni......
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Southern Ry. Co v. Fulford
...for decision seems to have been settled by the adjudications of this court, and of other courts in harmony with it. In the case of Watkins v. Cason, 46 Ga. 444, the facts were, that Cason was the holder of the notes of Watkins, which were not due, secured by a mortgage. Before the notes bec......