Wall v. Finney
Supreme Court of Georgia
Action on bond. Before Judge Lewis. Baldwin superior court. January 11, 1910. Bynum Andrews gave to H. J. & J. T. Finney two mortgages on personal property, one on certain cotton and the other on a mule and a Lorse. Each of these was foreclosed, and the executions issued and were levied on the mortgaged property. To each levy the defendant interposed an affidavit of illegality, and gave a forthcoming bond with B. L. Wall as surety.
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Action on bond. Before Judge Lewis. Baldwin superior court. January 11, 1910. Bynum Andrews gave to H. J. & J. T. Finney two mortgages on personal property, one on certain cotton and the other on a mule and a Lorse. Each of these was foreclosed, and the executions issued and were levied on the mortgaged property. To each levy the defendant interposed an affidavit of illegality, and gave a forthcoming bond with B. L. Wall as surety. Wall was the landlord of Andrews, and, after the giving of the forthcoming bond, he made an affidavit to foreclose a landlord’s lien for' supplies and also an…
1Opinion of the Court
Lumpkin, <T.
(After stating .the facts.)
1. As to the right to recover on the forthcoming bond given for the cotton which was levied on under the mortgage execution, the •case is controlled by the decision in Barfield v. Covington, 103 Ga. 190 (29 S. E. 759). That case is almost identical in its facts with *113the one now under consideration. There the landlord took the crop of the tenant and applied it to the payment of the rent due to himself, after becoming a surety on the forthcoming bond, but before the day of sale. Prior to the day of sale he sued out & distress warrant and placed it in the…
2Cases cited6 opinions
- Aycock v. AustinSupreme Court of Georgia · 1891
- Carr v. Houston Guano & Warehouse Co.Supreme Court of Georgia · 1898
- Floyd v. CookSupreme Court of Georgia · 1903
- Barfield v. CovingtonSupreme Court of Georgia · 1897
- Young v. WaldripSupreme Court of Georgia · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Arnold & Son v. RhodesCourt of Appeals of Georgia · 1920
- Peacock Hardware Co. v. AllenCourt of Appeals of Georgia · 1925
- Scruggs v. BennettCourt of Appeals of Georgia · 1925
- Alexander v. SnowSupreme Court of Georgia · 1919