Ford v. Tifton Guano Co.
Supreme Court of Georgia
Equitable petition. Before Judge Thomas. Tift superior court. October 17, 1914. The Tifton Guano Company filed a petition against Walter Ford and his wife, Mrs. Sibbie Ford, alleging, in substance as follows: Petitioner sold to Walter Ford guano to be used by him in furnishing two croppers on certain described land, and the guano was so used. Ford gave to petitioner a mortgage on the growing crops on this land.
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Equitable petition. Before Judge Thomas. Tift superior court. October 17, 1914. The Tifton Guano Company filed a petition against Walter Ford and his wife, Mrs. Sibbie Ford, alleging, in substance as follows: Petitioner sold to Walter Ford guano to be used by him in furnishing two croppers on certain described land, and the guano was so used. Ford gave to petitioner a mortgage on the growing crops on this land. For a number of years Ford has had absolute and entire control of the premises described, cultivated the same as his own, and led both petitioner and the world at large to believe that…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The plaintiff does not allege sufficient facts to justify an equitable foreclosure of its mortgage, or an equitable intervention against the wife’s processes to collect the amount claimed from her husband as due for rent and supplies. Mrs. Ford foreclosed a distress warrant and a lien for supplies against her husband, and these processes were levied by the sheriff of the county. The plaintiff has a mortgage on some of the crops. Instead of foreclosing its mortgage, and placing the mortgage fi. fa. with the levying officer, it resorts to equity. If it had…
2Cases cited1 opinion
- Smith v. McPhersonSupreme Court of Georgia · 1886
3Cited by3 opinions
- Candler v. BryanSupreme Court of Georgia · 1940
- Jones v. LawmanSupreme Court of Georgia · 1937
- Cary v. ScarboroughSupreme Court of Georgia · 1932