Beall v. Butler
Supreme Court of Georgia
Laborer’s lien. Vendor and purchaser. New trial. Before Judge Bartlett. Baldwin Superior Court. August Term, 1874. Zed Butler sued out a laborer’s lien, against George C. Beall, and had it levied upon certain property as belonging to the defendant. A claim thereto was interposed by George C. Beall, as trustee for his wife.
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Laborer’s lien. Vendor and purchaser. New trial. Before Judge Bartlett. Baldwin Superior Court. August Term, 1874. Zed Butler sued out a laborer’s lien, against George C. Beall, and had it levied upon certain property as belonging to the defendant. A claim thereto was interposed by George C. Beall, as trustee for his wife. Upon the trial the court charged the jury that if the property levied on belonged to the defendant at the completion of the plaintiff’s contract as laborer, then it was subject to the plaintiff’s fi. fa., even though the defendant sold it before the foreclosure of the…
1Opinion of the Court
Trippe, Judge,
1. The court charged the jury that if the property belonged to the defendant at the completion of the- plaintiff’s contract as a laborer, then it was subject to the plaintiff’s fi.fa., even though the defendant sold it before the foreclosure of the plaintiff’s lien, to a bona fide purchaser for full value, without notice of said lien. In Rose & Company vs. Gray, 40 Georgia, 156, and in Frazer vs. Jackson, 46 Ibid., 621, it was held that the bona fide purchaser of the absolute title of property without notice of an unforeclosed statutory lien, takes it divested of such lien. So…
2Cited by4 opinions
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- Thornton v. CarverSupreme Court of Georgia · 1888
- National Exchange Bank v. Graniteville Manufacturing Co.Supreme Court of Georgia · 1887
- Farmers & Merchants Bank v. ReddenCourt of Appeals of Georgia · 1916