Davis v. Cox
Court of Appeals of Georgia
Appeal; from Whitfield superior court — Judge Fite. February 24, 1913. Cox foreclosed in a justice’s court a lien for timber furnished to one Hughey for his sawmill, under the provisions of the Civil Code (1910), § 3358. Davis filed a claim, and from a judgment finding the property subject the claimant appealed to the superior court, where the ease was submitted to the presiding judge without the intervention of a jury, and the judge rendered a judgment finding the property…
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Appeal; from Whitfield superior court — Judge Fite. February 24, 1913. Cox foreclosed in a justice’s court a lien for timber furnished to one Hughey for his sawmill, under the provisions of the Civil Code (1910), § 3358. Davis filed a claim, and from a judgment finding the property subject the claimant appealed to the superior court, where the ease was submitted to the presiding judge without the intervention of a jury, and the judge rendered a judgment finding the property subject. Error is assigned on this judgment. A statement of the evidence on the trial is as follows: Cox, the plaintiff,…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) It has been repeatedly held by this court and the Supreme Court that the lien given under section 3358 of the Civil Code (1910) applies to logs and timber severed from the soil; that it is not intended to give a lien to a vendor of standing trees, though sold to be severed from the realty by the purchaser and converted into timber for his sawmill. Ray v. Schmidt, 7 Ga. App. 380 (66 S. E. 1035); Giles v. Gano, 102 Ga. 593 (27 S. E. 730); Loud v. Pritchett, 104 Ga. 652 (30 S. E. 870); Balkcom v. Empire Lumber Co., 91 Ga. 651 (17 S. E. 1020, 44 Am. St. R.…
2Cases cited6 opinions
- Balkcom v. Empire Lumber Co.Supreme Court of Georgia · 1893
- Osborne v. RiceSupreme Court of Georgia · 1899
- Wright, Williams & Wadley v. BrownCourt of Appeals of Georgia · 1910
- Loud & Beugnot v. Pritchett & Co.Supreme Court of Georgia · 1898
- Ray v. Schmidt & Co.Court of Appeals of Georgia · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Walraven v. DeFoorCourt of Appeals of Georgia · 1954