Zachry v. Stewart
Supreme Court of Georgia
Practice in Superior Court. Contracts. Practice in Supreme Court. Estoppel. Before Judge Stewart. Rockdale Superior Court. February Adjourned Term, 1881. The Stewarts were merchants. Vaughn desired to make purchases of them. They declined to make him advances without security. Zachry, as his landlord, took a lien which he assigned to the Stewarts, and they thereupon made the advances. They foreclosed the lien.
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Practice in Superior Court. Contracts. Practice in Supreme Court. Estoppel. Before Judge Stewart. Rockdale Superior Court. February Adjourned Term, 1881. The Stewarts were merchants. Vaughn desired to make purchases of them. They declined to make him advances without security. Zachry, as his landlord, took a lien which he assigned to the Stewarts, and they thereupon made the advances. They foreclosed the lien. Zachry, as a contesting creditor, came in and filed a counter-affidavit denying that the lien existed at all, and alleging that if it did it had been partly paid off. The case went to…
1Opinion of the Court
JACKSON, Chief Justice.
This was a contest between the parties over money raised from the sale of the tenant’s crop. The Stewarts fore*220■closed a landlord’s lien thereon, and Zachry claimed the money raised by that fqreclosure. Zachry was the landlord, and had transferred the lien to the Stewarts to induce them to' furnish supplies to his tenant, and after-wards claimed the money raised by the very paper which lie had so assigned, and did so by attacking its validity ■and lien on the crop. The jury found for the Stewarts, the assignees of the lien, and Zachry moved for a new trial, and the…
2Cited by5 opinions
- Willingham v. Macon & Birmingham Railway Co.Supreme Court of Georgia · 1901
- Davison Chemical Corp. v. HartCourt of Appeals of Georgia · 1942
- Pope & Fleming v. Graniteville Manufacturing Co.Court of Appeals of Georgia · 1907
- Engram & Robinson v. BellSupreme Court of Georgia · 1917
- Mills v. JonesCourt of Appeals of Georgia · 1954