Garrett v. Williams & McCollister , 1917 Ga. App. LEXIS 1062 ( 1917 )

Broyles, P. J.

This was a proceeding brought by the sheriff of Carroll county for the purpose of obtaining direction by a rule for the distribution of money in his hands, arising from a sale under a mortgage fi. fa. in favor of Williams & McCollister against Milton Barker, the fund being claimed by other fi. fas. placed in the sheriff’s hands. Under all the facts of the case it does not appear that the court, sitting without the intervention of a jury, erred in holding that the claim of Williams & McCollister was entitled to be first satisfied out of the fund, and that the balance, if any, should be paid to the Peoples Bank.

Decided August 3, 1917.

Money rule; from city court of Carrollton—Judge Beall. February 15, 1917.

Tí. D. Jackson, for plaintiffs in error. Buford Boykin, contra.

Judgment affirmed.

Jenkins and Bloodworth, JJ., concur.