Foy-Adams Co. v. Smith
Court of Appeals of Georgia
Levy and claim; from .city court of' Tifton-—Judge Eve. May 16, 1916. On April 23, 1913, the Foy-Adams Company sold to R. T. Tatum, for the agreed price of $244, certain property described in the purchase-money note as follows: “one black mare mule, about six years old, known as the Marehant mule; also one gray mare, named Bess; also one 2-% White Hickory wagon.”
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Levy and claim; from .city court of' Tifton-—Judge Eve. May 16, 1916. On April 23, 1913, the Foy-Adams Company sold to R. T. Tatum, for the agreed price of $244, certain property described in the purchase-money note as follows: “one black mare mule, about six years old, known as the Marehant mule; also one gray mare, named Bess; also one 2-% White Hickory wagon.” By the terms of the note, title to this property was to remain in the Foy-Adams Company until payment of the debt. The contract was duly recorded on April 26, 1913. On October 29, 1913, at which time this note was unpaid, the…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) 1. It is granted by each of the parties litigant that, the mare being with foal at the time the first note was taken and the reservation of title made, the increase, as a matter of law, followed the dam, and that up to the taking of the second note the lien attached to the colt under the reservation made in the first note in favor of the payee thereof. Therefore, the sole question for this court to determine is whether the surrender of the first note and the taking of the new note, under the facts as stated, amounted to such a novation of the original…
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