Legal Opinion

Duncan v. Clark

Supreme Court of Georgia

Decided May 15, 1895PublishedCited by 14 opinions

■ Certiorari. Before Judge Milner. Catoosa superior court. February term, 1894.

1Opinion of the Court

Lumpkin, Justice.

The rent due by McGhee to his landlord,Clark, for the tract of land for the year 1891, was payable in money. The tenant delivered to the landlord, in payment of the rent, corn raised upon the land that year. Duncan had the corn, while in Clark’s possession, levied upon under an execution issued from a common law judgment rendered in 1883. Clark filed a claim, and the question was, whether the property ivas, or was not, subject.

• Section 2289 of the code declares that: “When the rent agreed to be paid is a part of the crop, such portion shall not be liable to be levied on by…

2Cases cited6 opinions

  1. Almand v. Scott & Co.Supreme Court of Georgia · 1888
  2. Toler v. SeabrookSupreme Court of Georgia · 1869
  3. Rasin v. Swann, Stewart & Co.Supreme Court of Georgia · 1888
  4. Stewart v. BerrySupreme Court of Georgia · 1890
  5. Stallings v. Harrold, Johnson & Co.Supreme Court of Georgia · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Farkas v. Third National BankSupreme Court of Georgia · 1910
  2. Kidd v. KiddSupreme Court of Georgia · 1924
  3. Floyd v. CookSupreme Court of Georgia · 1903
  4. Booze v. NealCourt of Appeals of Georgia · 1909
  5. Lightner v. Brannon & WynnSupreme Court of Georgia · 1896

9 more not listed; retrieve them via the Exa API.

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