Rawls v. Moye
Supreme Court of Georgia
Money rule. Before Judge Hardeman. Bandolph superior court. May term, 1895. On December 15, 1892, Toombs bought of Moye a farm known as the Gunn place, giving a note for the purchase price, due November 1, 1893, and taking from Moye a bond for title.
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Money rule. Before Judge Hardeman. Bandolph superior court. May term, 1895. On December 15, 1892, Toombs bought of Moye a farm known as the Gunn place, giving a note for the purchase price, due November 1, 1893, and taking from Moye a bond for title. On the same day Toombs rented the place to Branham for 1893, under a written contract in which Bran-ham agreed to pay to Toombs or bearer six bales of cotton (3,000 pounds) by September 15, 1893; and in order to secure him or bearer the payment of said rent, as well as to secure him “the payment of such amounts of money or other advancements as…
1Opinion of the Court
.Lumpkin, Justice.
Under tbe facts recited, the assignee took nothing except the tenant’s obligation to pay rent. An express assignment was indispensably necessary to pass the landlord’s lien for supplies, provided- for in the contract. The mere transfer •of “the within rent note” was not an assignment of any lien. See Lathrop & Co. v. Clewis, 63 Ga. 282.
Judgment reversed1
2Cases cited1 opinion
- Lathrop & Co. v. ClewisSupreme Court of Georgia · 1879
3Cited by1 opinion
- Strickland Bros. v. StilesSupreme Court of Georgia · 1899