Legal Opinion

Hardeman & Sparks v. DeVaughn

Supreme Court of Georgia

Decided May 15, 1873PublishedCited by 7 opinions

Factor’s lien. Delivery. Steamboat lien. Venue. J. E. DeVaughn levied an execution, based on a factor’s lien for supplies furnished to R. D. Brown, with which to make a crop for 1872, dated on the 17th of February of that year, amounting to $180 00, and $20 00 for counsel fees, on three bales of cotton. The cotton was claimed by Hardeman & Sparks. The plaintiff introduced in evidence the proceedings upon which his execution was based, the execution and the levy.

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Factor’s lien. Delivery. Steamboat lien. Venue. J. E. DeVaughn levied an execution, based on a factor’s lien for supplies furnished to R. D. Brown, with which to make a crop for 1872, dated on the 17th of February of that year, amounting to $180 00, and $20 00 for counsel fees, on three bales of cotton. The cotton was claimed by Hardeman & Sparks. The plaintiff introduced in evidence the proceedings upon which his execution was based, the execution and the levy. He testified that the cotton when levied on, was on the platform of the depot of the Southwestern Railroad, at Montezuma; that…

1Opinion of the Court

McCay, Judge.

1. The claimants were proven to be factors and commission merchants. As such, they have a lien, wholly independent of the Act of 1866, on the property of a planter to whom they have made advances, as soon as, and as long as they have pos*600session of the property. This is true, at least, as against all liens of which they have no notice, either actual or constructive. If, therefore, Iiarcleman & Sparks did advance to Brown, under a written agreement by Brown that he would deliver to them cotton sufficient to pay the advance, it would follow that, as soon as Hardeman & Sparks got…

2Cited by7 opinions

  1. Farm Credit of Northwest Florida v. Easom Peanut Co.Court of Appeals of Georgia · 2011
  2. Hall v. Jeffreys-McElreath Co.Court of Appeals of Georgia · 1927
  3. Bryant v. MercierSupreme Court of Georgia · 1889
  4. Jones v. WylieSupreme Court of Georgia · 1889
  5. Harris v. HoustonCourt of Appeals of Georgia · 1935

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