¶1dissenting. In the case of C., B. & Q. Ry. Co. v. Hall, 229 U. S. 511, it was held: “The decisions of the State and lower Federal courts in regard to annulment of liens on exempt property have been conflicting, and this court now holds that § 67f annuls all such liens obtained within four months of the filing of the petition, both as against the property which the trustee takes for benefit of creditors and that which may be set aside to the bankrupt as exempt. In re Forbes, 186 Fed. Rep. 76, approved.” That ruling made by the Supreme Court of the United States is applicable to the facts of this case, and controls it adversely to the defendant in error, who did not obtain a valid judgment on his claim, which was provable in bankruptcy, before the bankrupt obtained his discharge, which he might have done by a timely application for a stay of the discharge.
152 Ga. 157
Coker v. Utter
Decided September 30, 1921
Supreme Court of Georgia · decided 1921-09-30
Equitable petition. Before Judge Hodges. Oglethorpe superior court. October 22, 1920. A. B. Utter, .as trustee, obtained a judgment, on which execution was issued, against John E. Coker, on March 5, 1919, for something'over $2,000, on two notes ■ waiving homestead and exemption rights. On May 8, 1919, the defendant in execution was adjudicated a bankrupt, and on September 21, 1919, he obtained, his discharge in bankruptcy.
Relies on Chicago, Burlington & Quincy Railroad v. Hall
Good law ✅— No negative treatment on recordhow we know
Decided 1921-09-30
How this case has been cited
Cited by 15 later decisions — most recently June 1967
15 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →