Brimberry v. Mansfield
Supreme Court of Georgia
Landlord and tenant. Liens. Before Judge Boater. Mitchell superior court. March term, 1890. Motion to distribute money raised by levy and sale of crops raised in 1888 on land rented for that year of Mansfield, who' claimed the fund under his execution from the foreclosure of his landlord’s lien for supplies to the amount of $40, furnished by him to the tenant who cultivated the land.
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Landlord and tenant. Liens. Before Judge Boater. Mitchell superior court. March term, 1890. Motion to distribute money raised by levy and sale of crops raised in 1888 on land rented for that year of Mansfield, who' claimed the fund under his execution from the foreclosure of his landlord’s lien for supplies to the amount of $40, furnished by him to the tenant who cultivated the land. The other claimant was Brimberry-, who had a mortgage execution against all the crops of the tenant for that year, for an amount sufficient to cover 'the entire fund. At the time the tenant rented the land, he…
1Opinion of the Court
Simmons, Justice.
Under the facts of this case' as they appear from the record, we think the court erred in sustaining the certiorari and in awarding the money to Mansfield. "We think the facts clearly show that Mansfield did not himself furnish the supplies to his tenant, but that he was merely a surety on the note which he aud his tenant and Faireloth gave for the supplies. Mansfield was not alone bound for the goods sold by the merchant to his tenant, but the facts show that the tenant and Faircloth' were equally bound with him.
In the case of Scott v. Pound, 61 Ga. 579, it was held hat “In…
2Cases cited1 opinion
- Scott v. PoundSupreme Court of Georgia · 1878
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