Holmes v. Pye & Co.
Supreme Court of Georgia
Levy and claim— certiorari. Before Judge Smith. Monroe superior court. August term, 1898. Brown rented land of Castlen, agreeing to pay two bales of cotton for the year’s rental, and continued under this contract until some time in April of that year, when Holmes went to Castlen and told him that Brown owed Holmes for a mule, and that he could not let him keep it unless Castlen would let Holmes become Brown’s landlord, by renting to Holmes the land.
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Levy and claim— certiorari. Before Judge Smith. Monroe superior court. August term, 1898. Brown rented land of Castlen, agreeing to pay two bales of cotton for the year’s rental, and continued under this contract until some time in April of that year, when Holmes went to Castlen and told him that Brown owed Holmes for a mule, and that he could not let him keep it unless Castlen would let Holmes become Brown’s landlord, by renting to Holmes the land. Castlen and Brown both agreed to such transfer, Holmes becoming responsible to Castlen for the rental agreed to be paid by Brown. Brown paid four…
1Opinion of the Court
Little, T.
The question which arises in this case is, whether J. O. Pye & Co. were such bona fide purchasers of the cotton levied on as entitles them to have the property free from the lien of the landlord. On the trial of the case in the justice’s court, the jury found the property subject to the distress warrant, and judgment was rendered accordingly, to which Pye & Co. sued out a writ of certiorari. On the hearing the judge ordered'that the certiorari be sustained, and, as in his opinion there was no question of fact involved which made it necessary to return the case for another hearing,…
2Cases cited5 opinions
- Thornton v. CarverSupreme Court of Georgia · 1888
- Rogers v. Georgia RailroadSupreme Court of Georgia · 1897
- Almand v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1897
- Pinkston v. WhiteSupreme Court of Georgia · 1897
- Johnson & Co. v. Coleman & BurchSupreme Court of Georgia · 1898
3Cited by25 opinions
- Holton v. LankfordSupreme Court of Georgia · 1939
- Chason v. O'NealSupreme Court of Georgia · 1924
- Bennett Lumber Co. v. MartinSupreme Court of Georgia · 1909
- Whiddon v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1917
- Tuten v. TowlesCourt of Appeals of Georgia · 1927
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