Milford v. Shackelford

1. Section 4316 of the Civil Code provides that “when a payment is made by a debtor to a creditor holding several demands against him, the debtor has the right to direct the claim to which it shall he appropriated.” The fact that a creditor (the landlord of the debtor) holds a special lien on the property delivered by the debtor as a payment on one claim does not authorize him to apply such payment, contrary to the instruction of the debtor, to the credit or extinguishment of other unsecured claims held by him against the debtor. Massengale v. Pounds, 108 Ga. 762 (33 S. E. 72).

2. Where the…