Scott v. Pound
Supreme Court of Georgia
Landlord and tenant. Lien. Judgment. Evidence. Before Judge Grioe. Houston Superior Court. May Term, 1878. Scott foreclosed a landlord’s lien against his tenant, Thornton, for provisions furnished with which to make a crop for the year 1876. The crop was levied on and sold, and a rule brought against Norwood, constable, to show cause why the proceeds should not be paid over to Scott.
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Landlord and tenant. Lien. Judgment. Evidence. Before Judge Grioe. Houston Superior Court. May Term, 1878. Scott foreclosed a landlord’s lien against his tenant, Thornton, for provisions furnished with which to make a crop for the year 1876. The crop was levied on and sold, and a rule brought against Norwood, constable, to show cause why the proceeds should not be paid over to Scott. Lie answered that he had in his hands two justice court executions of prior date, in favor of Pound, which claimed the fund. An issue was thereupon formed as to whether the landlord’s lien or the justice court…
1Opinion of the Court
Bleckley, Justice.
1. The lien of Scott, as landlord, did not depend upon whether he had paid the notes given for the supplies, but upon whether he furnished the supplies, and this was a question for the jury. If the sale was by Day to Thornton, the tenant, and Scott merely became Thornton’s surety for the price, there was no lien. Was Scott the real purchaser from Day % The giving of the joint notes would not prevent him from being so, though it might be evidence tending to show that he was not. On the other hand, the giving of the crop lien by Thornton to Scott, would be evidence tending to…
2Cited by13 opinions
- Hackney v. StateSupreme Court of Georgia · 1897
- Brimberry v. MansfieldSupreme Court of Georgia · 1891
- Manley v. UnderwoodCourt of Appeals of Georgia · 1921
- Rodgers v. BlackSupreme Court of Georgia · 1896
- Stubbs & Co. v. WaddellCourt of Appeals of Georgia · 1908
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