Huntington v. Chisholm
Supreme Court of Georgia
Yendor and purchaser. Sales. Contracts. Evidence. Before Judge Underwood. Polk Superior Court. February Term, 1878. To the report contained in the opinion it is only necessary to add, that defendant tendered in evidence proceedings drawn by plaintiff as attorney for the common vendor, to take a homestead including the cotton now in controversy, filed after the alleged sale to him. This evidence was rejected by the court, and this is one of the errors complained of.
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Yendor and purchaser. Sales. Contracts. Evidence. Before Judge Underwood. Polk Superior Court. February Term, 1878. To the report contained in the opinion it is only necessary to add, that defendant tendered in evidence proceedings drawn by plaintiff as attorney for the common vendor, to take a homestead including the cotton now in controversy, filed after the alleged sale to him. This evidence was rejected by the court, and this is one of the errors complained of. The sale forming the basis of controversy was generally of one bale of cotton.
1Opinion of the Court
Jackson, Justice.
Chisholm sued Huntington for fifteen hundred pounds of cotton, raised by the vendor, another Chisholm, upon his land. The contract of sale to Chisholm was made some time early in the year, and it is uncertain whether the cotton was planted ; no particular part of the crop was sold, such as the first 1,500 pounds gathered from the cotton in a certain field, or otherwise, so as to be identified, and a homestead exemption by which this cotton was set apart to the vendor, prepared by the purchaser, Chisholm, long after the alleged purchase by him, was rejected by the court.…
2Cases cited2 opinions
- Stephens v. TuckerSupreme Court of Georgia · 1875
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- Jackson v. GrishamSupreme Court of Alabama · 1911