Thomason v. Poullain
Supreme Court of Georgia
Factors. Lien. Principal and agent. Payments. Judgments. Before Judge Bartlett. Greene Superior Court. ■ March Term, 1874. One of the judgments was older than 1866, and the court charged that whilst the lien, under the act of 1866, was superior to the other ft. fas., it was not to this. There were thirty-eight bales of cotton made by the defendant that year.
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Factors. Lien. Principal and agent. Payments. Judgments. Before Judge Bartlett. Greene Superior Court. ■ March Term, 1874. One of the judgments was older than 1866, and the court charged that whilst the lien, under the act of 1866, was superior to the other ft. fas., it was not to this. There were thirty-eight bales of cotton made by the defendant that year. He delivered nineteen to the warehousemen, with instructions to sell and pay several debts he owed, among others a debt to the claimant’s for advances made the previous year, and this was done. It was in proof that these warehousemen were…
1Opinion of the Court
McCay, Judge.
1. The question of the dignity of the liens given by the act of 1866, as compared with judgments, is now for the first time distinctly before us. Is the lien therein provided for superior to judgments in existence at the date of the advance? Such has, without doubt, been the constant ruling of the superior courts since the passage of the act, and (he fact that this ruling has been so generally acquiesced in is a strong argument in favor of the rightfulness of such a construction. The act itself is not clear. It does not say, in terms, that the liens provided for shall have any…
2Cited by2 opinions
- Lewis v. LofleySupreme Court of Georgia · 1878
- Boynton v. WestbrookSupreme Court of Georgia · 1885