D. A. Schulte Inc. v. Varron
D. A. Schulte Inc. v. Varron
Opinion of the Court
1 “When the seller of personalty has a leviable interest in the property, notwithstanding it may be in the possession of the purchaser, and the creditor’s right is subject to the purchaser’s equity in the contract, where the property has been levied on under an execution against the seller, and the purchaser files a claim thereto, the levy can not proceed and the property be subjected to a sale thereunder when the amount due by the purchaser on the purchase-money and the respective interests of the seller and the purchaser in the property do not appear.” Schulte Inc. v. Varron, 181 Ga. 542 (182 S. E. 912).
2. The evidence authorized the inference that the personal property levied on under the distress warrant was found in the possession of the claimant, that the interest of the defendant in fi. fa. was that of a seller of the property to the claimant as a purchaser, under a contract by which the title to the property levied on, and other property sold by the
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.