Empire Cotton Oil Co. v. Continental Gin Co.
Court of Appeals of Georgia
Trover; from Eulton superior court — Judge Bell. May 6, 19-16. In June, 1910, the Continental Gin Company sold to J. C. and James Council certain machinery, taking purchase-money notes containing the following provisions: “This note given in part payment for the following machinery sold to the undersigned by Continental Gin Company, viz.: 3 70 saw R. H. Winship plain gins; 3 70 saw class C feeders; 1 210 saw condenser with support and flues, 1 20 saw lint flue; 1 30 inch…
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Trover; from Eulton superior court — Judge Bell. May 6, 19-16. In June, 1910, the Continental Gin Company sold to J. C. and James Council certain machinery, taking purchase-money notes containing the following provisions: “This note given in part payment for the following machinery sold to the undersigned by Continental Gin Company, viz.: 3 70 saw R. H. Winship plain gins; 3 70 saw class C feeders; 1 210 saw condenser with support and flues, 1 20 saw lint flue; 1 30 inch cylinder D. B. steam power press with transfer and feedings; 1 10 inch class C elevator, as per contract; shafting,…
1Opinion
*18ON MOTION FOR NEW HEARING.
Jenkins, J.
It is contended by counsel for the plaintiff in error, both in their original brief and in their motion for rehearing, that the machinery involved in this suit was intended to be and actually was attached to land, thereby becoming fixtures, and that therefore the vendor of the machinery could not, by reason of having reserved title to it, recover it from the owner of the land,— the plaintiff in error, — which, without actual knowledge of such reservation of title, bought the land from the company to which the McRae Fertilizer Company, the lessor of the…
2Cases cited7 opinions
- Roberts v. KeelerSupreme Court of Georgia · 1900
- Smith v. OdomSupreme Court of Georgia · 1879
- Power v. GarrisonSupreme Court of Georgia · 1914
- Napier Bros. v. BurkettSupreme Court of Georgia · 1901
- Tippett v. BarhamCourt of Appeals for the Fourth Circuit · 1910
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