Baisden & Co. v. Holmes-Hartsfield Co.
Court of Appeals of Georgia
Money rule, from city court of Moultrie — E. L. Shipp, judge pro hac vice. November 12, 1907. The questions in this case arise on a rule to distribute money, upon the following agreed statement of facts: “On July 18, 1907, the Holmes-Hartsfield Company, a firm engaged in the furnishing of sawmills with provisions and other things necessary to carry on the work of sawmills, foreclosed their lien for supplies, as required by law, which lien execution was, on the 18th day of…
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Money rule, from city court of Moultrie — E. L. Shipp, judge pro hac vice. November 12, 1907. The questions in this case arise on a rule to distribute money, upon the following agreed statement of facts: “On July 18, 1907, the Holmes-Hartsfield Company, a firm engaged in the furnishing of sawmills with provisions and other things necessary to carry on the work of sawmills, foreclosed their lien for supplies, as required by law, which lien execution was, on the 18th day of July, 1907, levied upon the following property [describing a certain sawmill, etc.], which proceedings were against Broome…
1Opinion of the CourtHill, C. J.
A laborer’s lien has priority of a mortgage given to secure the payment of purchase-money; and this is true even though the mortgage has been foreclosed and levy of the mortgage fi. fa. is made *123before the laborer’s lien is foreclosed. Civil Code, §§2792, 2793; Bradley v. Cassels, 117 Ga. 517 (43 S. E. 857) ; Georgia Loan Co. v. Dunlop, 108 Ga. 218 (33 S. E. 882).
Money rule, from city court of Moultrie — E. L. Shipp, judge pro hac vice. November 12, 1907. Submitted February 3, Decided March 30, 1908. The questions in this case arise on a rule to distribute money, upon the following agreed…
2Cases cited4 opinions
- Fulghum v. Williams Co.Supreme Court of Georgia · 1902
- Georgia Loan, Savings & Banking Co. v. DunlopSupreme Court of Georgia · 1899
- Mulherin v. PorterCourt of Appeals of Georgia · 1907
- Bradley v. CasselsSupreme Court of Georgia · 1903
3Cited by5 opinions
- Mathews v. FieldsCourt of Appeals of Georgia · 1913
- Brown v. SmithCourt of Appeals of Georgia · 1935
- Denny v. C. L. Fain Co.Court of Appeals of Georgia · 1951
- Lathem & Sons v. StringerCourt of Appeals of Georgia · 1916
- Sutton v. Bank of OglethorpeCourt of Appeals of Georgia · 1925