Durdin v. Hill
Supreme Court of Georgia
Landlord and Tenant. Title. Crops. Judgments. Levy and Sale. Before Judge Lawson. Morgan Superior Court. March Term, 1885. ■ A fi. fa. in favor of A.- J. Hill against W. D. Durdin, based on a judgment recovered in 1876, was levied on two bales of cotton, the entry reciting that they were found in the defendant’s possession.
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Landlord and Tenant. Title. Crops. Judgments. Levy and Sale. Before Judge Lawson. Morgan Superior Court. March Term, 1885. ■ A fi. fa. in favor of A.- J. Hill against W. D. Durdin, based on a judgment recovered in 1876, was levied on two bales of cotton, the entry reciting that they were found in the defendant’s possession. Blanche E. Durdin interposed a claim. 0.n the trial in the county court, a contract between the claimant and the defendant in fi.fa., by which the latter rented of the former the land on which the cotton was raised, for the year 1883, and promised to pay therefor 1,000…
1Opinion of the Court
Jackson, Chief Justice.
■ The question made by this record is this: When a tenant rents land, and agrees to pay the landlord a part of the crop in kind, and actually delivers a part of it, which is levied upon by a general judgment creditor after the delivery, and claimed by the landlord, is the title thereto in the landlord, or still in the tenant, subject to judgments against him ?
Upon principle it must be that the tenant may pay his landlord in kind according to his contract with the landlord, and need not wait for the latter to foreclose his lien and levy upon the crop. If the landlord’s…
2Cases cited1 opinion
- Stallings v. Harrold, Johnson & Co.Supreme Court of Georgia · 1878
3Cited by3 opinions
- Rowland v. Gregg & SonSupreme Court of Georgia · 1905
- Duncan v. ClarkSupreme Court of Georgia · 1895
- Singleton v. ClackSupreme Court of Georgia · 1888