Harrison v. Guill
Supreme Court of Georgia
Landlord and tenant. Distress warrant. Practice. Before Judge Andrews. Hancock Superior Court. April Term, 1872. The issues involved in this case arose on a money rule, and were submitted upon the following statement of facts: “ GEORGIA — Hancock County : “ Whereas, R. A. Harrison, of said county, did, at the October Term, 1871, of the Superior Court of said county, obtain a judgment against Mark Johnston for $148 20 principal, besides interest and costs, upon which…
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Landlord and tenant. Distress warrant. Practice. Before Judge Andrews. Hancock Superior Court. April Term, 1872. The issues involved in this case arose on a money rule, and were submitted upon the following statement of facts: “ GEORGIA — Hancock County : “ Whereas, R. A. Harrison, of said county, did, at the October Term, 1871, of the Superior Court of said county, obtain a judgment against Mark Johnston for $148 20 principal, besides interest and costs, upon which execution was issued and levied upon seven hundred pounds of seed cotton, yielding four ^bales ginned and packed, on November…
1Opinion of the Court
McCay, Judge.
We have not gone into the numerous questions made on these several distress warrants. If the final judgment of the *430Court was right, all these are immaterial. We see no error in the action of the Court in refusing to dispose of this money until the landlord could get his distress warrant into shape. The cotton was made on the land, and the lien of the landlord for his rent was the highest claim upon it: Code, section 2260. As to the actual cultivation of the soil, Guill was the landlord — (see the case of Burnett & Company vs. Rich, January Term, 1872,) — -and was entitled to the…
2Cited by3 opinions
- Cumming v. WrightSupreme Court of Georgia · 1884
- Hill v. Liebman Inc.Court of Appeals of Georgia · 1936
- Bates v. Chapman-Baldwin Realty Co.Court of Appeals of Georgia · 1936