Legal Opinion

Cofer v. Benson

Supreme Court of Georgia

Decided January 27, 1894PublishedCited by 12 opinions

Money rule. Before Judge McWhorter. Wilkes superior court. May term, 1893.

1Opinion of the Court

Simmons, Justice.

Benson rented to Hilliard a tract of land for the year 1891, for $150. Hilliard then owed him an open account for the year 1890, of $108. In May, 1891, Hilliard mortgaged to Oofer the crop planted on this land, to secure á debt for supplies which Cofer had furnished him; and the mortgage was duly recorded. After the crop matured, Hilliard delivered to Benson, out of the crop made on the land, cotton which 'Benson sold for $232.05; and Benson, with the consent of Hilliard, applied the proceeds first to the payment of his open account, and the balance to the rent. Cofer…

2Cases cited4 opinions

  1. Rushin v. Shields & BallSupreme Court of Georgia · 1852
  2. Hughes v. JohnsonSupreme Court of Arkansas · 1881
  3. Newton v. NunnallySupreme Court of Georgia · 1848
  4. Simmons v. CatesSupreme Court of Georgia · 1876

3Cited by12 opinions

  1. Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
  2. Fountain v. FountainCourt of Appeals of Georgia · 1910
  3. Ragan v. Coley & BrotherCourt of Appeals of Georgia · 1908
  4. Stubbs & Co. v. WaddellCourt of Appeals of Georgia · 1908
  5. Harvey v. WrightCourt of Appeals of Georgia · 1949

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