Baker & Swain v. Massengale
Supreme Court of Georgia
Liens. Evidence. Witness. Notice. Mortgages. Bonafides. Before Judge Lumpkin.. Warren superior court. April term, 1888. This is a contest over a fund brought into court under rule against the sheriff at the instance of T. E. Massengale. The contestants for the fund were as follows; T. E. Massengale claimed under the foreclosure of a lien for supplies furnished by him to F. E. Armstrong, in 1885, to make a crop, under the following agreement: “State op Georgia, Warren county.
Read the full summary
Liens. Evidence. Witness. Notice. Mortgages. Bonafides. Before Judge Lumpkin.. Warren superior court. April term, 1888. This is a contest over a fund brought into court under rule against the sheriff at the instance of T. E. Massengale. The contestants for the fund were as follows; T. E. Massengale claimed under the foreclosure of a lien for supplies furnished by him to F. E. Armstrong, in 1885, to make a crop, under the following agreement: “State op Georgia, Warren county. “This agreement made and executed this the thirty-first day of January, 1885, between V. A. Johnson, landlord, and F.…
1Opinion of the Court
Bleckley, Chief Justice.
1. Money being in court for distribution, the pro-' ceeds of Armstrong’s property, it was claimed by Massengale under a landlord’s lien transferred to him by Johnson, the lien being given for supplies to make a crop. It was also claimed by other parties.—a part of it under a judgment older than the lien, and a part on mortgages younger than the lien. The writing purporting to create the landlord’s lien was attested by a subscribing witness who was not produced or otherwise accounted for, except that Aiunstrong, the maker óf the lien, testified the witness was not in…
2Cases cited2 opinions
- Harris v. CannonSupreme Court of Georgia · 1849
- Barron v. WalkerSupreme Court of Georgia · 1888
3Cited by4 opinions
- Summerour v. FelkerSupreme Court of Georgia · 1897
- Peters v. AdcockSupreme Court of Georgia · 1943
- Brewer v. Commercial Credit CompanyCourt of Appeals of Georgia · 1941
- Commercial Credit Co. v. GrantCourt of Appeals of Georgia · 1924