Jones v. Spillers
Court of Appeals of Georgia
Action on bond; from city court of Cordele — Judge Strozier. October 8, 1910. In the year 1908 the Eoyal Supply Company furnished supplies, fertilizer, etc., to E. J. Spillers for the purpose of making his crop for that year, and he executed to the supply company a mortgage on his crop of cotton, corn, cane, potatoes, and peas, to secure this indebtedness.
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Action on bond; from city court of Cordele — Judge Strozier. October 8, 1910. In the year 1908 the Eoyal Supply Company furnished supplies, fertilizer, etc., to E. J. Spillers for the purpose of making his crop for that year, and he executed to the supply company a mortgage on his crop of cotton, corn, cane, potatoes, and peas, to secure this indebtedness. The mortgage recited that it was given for fertilizers and supplies to enable the mortgagor to make his crop for that year. The indebtedness for these supplies was not paid, and the Eoyal Supply Company foreclosed its mortgage and had an…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. The one controlling question raised by the record is whether a mortgage lien on crops, given for supplies furnished to the mortgagor to make the crops, the mortgagee not being the landlord, is superior to an exemption of personalty (or “short homestead”) set aside in accordance with section 2866 of the Civil Code of 1895 (Civil Code of 1910, § 3416). This section provides that the property so set apart “shall be exempt from levy and sale by virtue of any process whatever under the laws of this State.” The act of 1874 (Acts 1874, p. 19), codified in…
2Cases cited4 opinions
- Tift v. NewsomSupreme Court of Georgia · 1872
- Watson v. WilliamsSupreme Court of Georgia · 1900
- Chalker v. ThompsonSupreme Court of Georgia · 1884
- Wilcox, Ives & Co. v. CowartSupreme Court of Georgia · 1900
3Cited by4 opinions
- Brown Guano Co. v. CokerCourt of Appeals of Georgia · 1913
- Bolton v. StateCourt of Appeals of Georgia · 1931
- Gresham v. Loganville Banking Co.Court of Appeals of Georgia · 1924
- Gray Bros. v. HiggsCourt of Appeals of Georgia · 1916