Smith v. Smith
Supreme Court of Georgia
Levy and claim. Before Judge Beck. Henry superior court. January 13, 1898. On September 23, 1896, H. F. Smith sued out a distress warrant against Legwin, and on October 9, 1896, foreclosed a landlord’s lien upon the crop raised by Legwin upon land rented from the plaintiff for that year.
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Levy and claim. Before Judge Beck. Henry superior court. January 13, 1898. On September 23, 1896, H. F. Smith sued out a distress warrant against Legwin, and on October 9, 1896, foreclosed a landlord’s lien upon the crop raised by Legwin upon land rented from the plaintiff for that year. Three bajes of cotton were levied upon as the property of the defendant, two of them under the distress warrant, on September 26, 1896, and the other on October 10, 1896, under an execution issued upon the foreclosure of the landlord’s lien; and a claim to the three bales was interposed by J. E. Smith. From…
1Opinion of the CourtSimmons, C. J.
1. R. E. Smith sued out a distress warrant and foreclosed a landlord’s lien for supplies against his tenant. These fi. fas. were levied upon three bales of cotton in possession of one J. E. Smith, who filed a claim asserting that the cotton was his, and not the property of the tenant. On the trial of the ease R. E. Smith was allowed to amend his affidavit upon which the distress warrant had been issued. This was objected to by the claimant and the objection was overruled by the court. Section 5122 of the. Civil Code now allows affidavits of this kind to be amended, and the court did not err…
2Cited by1 opinion
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