Lane v. Collier
Supreme Court of Georgia
Claim. Homestead. Novation. Indorsement Before Judge Andrews. Oglethorpe county. At Chambers. December 27th, 1871. Francis P. Collier, as administrator of E. V. Collier, recovered a judgment against John W. Stephens, as principal, and William M. Lane, indorser, for the sum of $2,722 06, principal, besides interest and costs. The execution based upon this judgment was levied upon a certain tract of land in the county of Oglethorpe, as the property of the defendant, Lane.
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Claim. Homestead. Novation. Indorsement Before Judge Andrews. Oglethorpe county. At Chambers. December 27th, 1871. Francis P. Collier, as administrator of E. V. Collier, recovered a judgment against John W. Stephens, as principal, and William M. Lane, indorser, for the sum of $2,722 06, principal, besides interest and costs. The execution based upon this judgment was levied upon a certain tract of land in the county of Oglethorpe, as the property of the defendant, Lane. Lane filed a claim to such portion of the said land as had been set apart to him as a homestead. The question as to whether…
1Opinion of the Court
Montgomery, Judge.
The position of counsel for plaintiff in error in this case was that the contract for the purchase of the land was one thing, the indorsement of a note of a third person in settlement, as he contended, quite another. In the first case, the purchaser was the primary debtor; in the second, his liability wras subordinate to that of the maker; that his indorsement, and Collier’s acceptance of it, put him in the position of a mere surety; that the indebtment for the sale of the land was extinguished, and Collier must look to the contract as contained in the note, which was not…
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