Legal Opinion

Allred v. Haile

Supreme Court of Georgia

Decided March 10, 1890PublishedCited by 7 opinions

Money rule. Liens. Laborers. Mortgages. Actions. Practice. Before Judge Bower. Decatur superior court. May adjourned term, 1889. Property real and personal of Albert Haile was sold by the sheriff, and the fund arising from the sale was claimed by W. A. Allred, J. G. Poore and J. Steininger & Co. The two latter held mortgages, covering the property sold, given by Haile, and of older date than the contract of labor upon which Allred foreclosed his general laborer’s lien…

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Money rule. Liens. Laborers. Mortgages. Actions. Practice. Before Judge Bower. Decatur superior court. May adjourned term, 1889. Property real and personal of Albert Haile was sold by the sheriff, and the fund arising from the sale was claimed by W. A. Allred, J. G. Poore and J. Steininger & Co. The two latter held mortgages, covering the property sold, given by Haile, and of older date than the contract of labor upon which Allred foreclosed his general laborer’s lien against Haile. This laborer’s lien was foreclosed and levied upon the property before it was sold by the sheriff. It was a…

1Opinion of the Court

Bleckley, Chief Justice.

1. Whilst the general lien of laborers rested on the . act of 1869, a summary foreclosure in the method applicable to steamboat liens could be had, it would seem, as to both realty and personalty. Stonewall, etc. Ass’n v. McGruder, 43 Ga. 9; Tarver v. Fleming, 53 Ga. 297. But this was changed as to realty by the act of 1873. According to that act (Code, §1990), *572liens on real property, not mortgages and as to which some other mode is not prescribed, are to be foreclosed by suit brought within twelve months. This provision has been construed in Snow v. Council, 65 Ga.…

2Cases cited7 opinions

  1. Langston & Crane v. AndersonSupreme Court of Georgia · 1882
  2. Stonewall Jackson Loan & Building Ass'n v. McGruderSupreme Court of Georgia · 1871
  3. Love v. CoxSupreme Court of Georgia · 1881
  4. Dixon v. WilliamsSupreme Court of Georgia · 1889
  5. Snow v. CouncilSupreme Court of Georgia · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. In re Erie Lumber Co.District Court, S.D. Georgia · 1906
  2. Georgia Loan, Savings & Banking Co. v. DunlopSupreme Court of Georgia · 1899
  3. Garr, Scott & Co. v. ClementsNorth Dakota Supreme Court · 1895
  4. American Type Founders Co. v. NicholsTexas Supreme Court · 1919
  5. American Type Founders' Co. v. NicholsTexas Supreme Court · 1919

2 more not listed; retrieve them via the Exa API.

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