Harms v. Entelman
Court of Appeals of Georgia
Complaint; from city court of Savannah — Judge Davis Freeman. May 17, 1917. Entelman brought suit against Harms on an account for rent, alleging that on September 1, 1911, he leased certain described premises -in Savannah to one Renken for a term of five years, beginning on that date and ending August 31, 1916. The rent was payable monthly on the first day of each month.
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Complaint; from city court of Savannah — Judge Davis Freeman. May 17, 1917. Entelman brought suit against Harms on an account for rent, alleging that on September 1, 1911, he leased certain described premises -in Savannah to one Renken for a term of five years, beginning on that date and ending August 31, 1916. The rent was payable monthly on the first day of each month. Renken was adjudicated a bankrupt, and the trustee in bankruptcy, after obtaining an order from the referee, on January 24, 1914, sold .certain assets of the bankrupt, including the unexpired term of said lease. Harms…
1Opinion of the CourtHarwell, J.
The petition set forth a cause of action. The contract is not set out, and we can not tell whether it was simply a contract of rental with only a usufruct to the tenant, or whether it conveyed an estate for years. The former would not be subject to levy and sale. Civil Code (1910), § 3691. The latter would be, as any other estate. Civil Code (1910), 3687; Clark v. Herring, 43 Ga. 226 (2). The petition refers to it as a lease for five years, and a lease proper is an estate for years. Civil Code (1910), § 3690; Schofield v. Jones, 85 Ga. 816, 823 (11 S. E. 1032). In the instant case the…
2Cases cited11 opinions
- Willis v. HarrellSupreme Court of Georgia · 1903
- Schofield v. JonesSupreme Court of Georgia · 1890
- Hudson v. StewartSupreme Court of Georgia · 1900
- Kanawha-Gauley Coal & Coke Co. v. SharpWest Virginia Supreme Court · 1914
- Howard v. CasselsSupreme Court of Georgia · 1898
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3Cited by7 opinions
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