Porter v. Lively & McElroy
Supreme Court of Georgia
Lien. Pleadings. Demand. Before Judge Hopkins. Pulton Superior Court. October Term, 1872. Lively & McElroy made affidavit that they were owners of a steam saw-mill, without stating where it was; that they furnished, in May, 1870, certain lumber to one Mobley, with which he built certain fences, etc., on certain land therein described, and that they had demanded payment, but it was refused, without stating upon whom the demand was made.
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Lien. Pleadings. Demand. Before Judge Hopkins. Pulton Superior Court. October Term, 1872. Lively & McElroy made affidavit that they were owners of a steam saw-mill, without stating where it was; that they furnished, in May, 1870, certain lumber to one Mobley, with which he built certain fences, etc., on certain land therein described, and that they had demanded payment, but it was refused, without stating upon whom the demand was made. Fi. fa. issued and was levied upon said land. Porter stopped the fi. fa. by an affidavit, that when the lumber was furnished, Mobley held the land under a bond…
1Opinion of the Court
Warner, Chief Justice.
On the 10th March, 1871, an execution was issued on an affidavit made by Lively & McElroy, the owners of a steam saw-mill, to enforce a lien for lumber sold and furnished to one Mobley, of the value of $62 92, which lumber was to fence and enclose the place, and to build a stable or cow-house on the lot, upon which Mobley then resided, and claimed, as the owner; that the money was due for the lumber since the 10th day of May, 1870, that demand had been made for the payment of the same, which was refused, but did not state on whom the demand for the payment of the lumber…
2Cited by8 opinions
- Parks v. SimpsonSupreme Court of Georgia · 1905
- Howell v. AtkinsonCourt of Appeals of Georgia · 1907
- Aiken v. Peck & AllenSupreme Court of Georgia · 1884
- Hinton v. GoodeSupreme Court of Georgia · 1884
- White v. LawrenceSupreme Court of Georgia · 1909
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