Hodnett v. Mann

This was a money-rule. The contest was between the holder of a common-law fi. fa., issued, in 1909, and the holder of a distress warrant, sued out in 1910 and claiming rent for that year. The judge awarded the fund to the holder of the distress warrant, and the judgment creditor excepts. The facts were these: In January, 1910, Mann entered into a written contract with Georgia Peeples and Walt Peeples, under the terms of which lie agreed to sell to the other parties a described, tract of land for $800, to be paid in instalments. The first instalment was to fall due October 15, 1910, and the…