Printup v. Barrett
Supreme Court of Georgia
Equity. Bill to marshal assets. Lien. Parol evidence. Before Judge Parrott. Gordon Superior Court. February Term, 1872. David B. Barrett, as the administrator upon the estate of A. P. Bailey, deceased, filed his bill against Joseph J. Printup and others, creditors of said estate, for the purpose of marshaling the assets, Printup, in his answer, set up that the complainant’s intestate was indebted to him in the sum of $2,893, besides interest on certain promissory notes for…
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Equity. Bill to marshal assets. Lien. Parol evidence. Before Judge Parrott. Gordon Superior Court. February Term, 1872. David B. Barrett, as the administrator upon the estate of A. P. Bailey, deceased, filed his bill against Joseph J. Printup and others, creditors of said estate, for the purpose of marshaling the assets, Printup, in his answer, set up that the complainant’s intestate was indebted to him in the sum of $2,893, besides interest on certain promissory notes for the securing the payment of which he elaimed a lien on the Oothcaloga Mills, by virtue of an understanding with said…
1Opinion of the Court
McCay, Judge.
We have examined the cases referred to as sustaining the claim set up by the plaintiff in error. But none of them go as far as is necessary even to furnish a principle on which this claim can be based. In the case of King’s Heirs vs. Thompson, 9th Peters, 204, the person claiming the lien was in possession, claiming the property in good faith as his own, and had expended money to improve it. And so of all the cases of a claim of lien on this ground. There are some English cases where a lien has been allowed in equity when *411the person claiming it can be said to stand within the…
2Cited by7 opinions
- Cheff v. HaanMichigan Supreme Court · 1934
- Saint Joseph Hydraulic Co. v. WilsonIndiana Supreme Court · 1893
- Spencer v. WilliamsWest Virginia Supreme Court · 1933
- Bentley v. YoungSupreme Court of Georgia · 1917
- King v. TylerCourt of Appeals of Georgia · 1978
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