Alston v. Wilson
Supreme Court of Georgia
Landlord and tenant: Contracts. Lien. Claim. Evidence. Before Judge Wright. Webster Superior Court. April Term, 1879. To the report contained in the decision it is only necessary to add the following : Claimant offered to prove that the sheriff levied on this cotton by direction of the landlord ; that the defendant in the fi. fa. stated to the sheriff that he had no interest in the cotton, and offered to point out other property which was subject; and that the sheriff…
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Landlord and tenant: Contracts. Lien. Claim. Evidence. Before Judge Wright. Webster Superior Court. April Term, 1879. To the report contained in the decision it is only necessary to add the following : Claimant offered to prove that the sheriff levied on this cotton by direction of the landlord ; that the defendant in the fi. fa. stated to the sheriff that he had no interest in the cotton, and offered to point out other property which was subject; and that the sheriff refused to levy on such property, but seized this cotton. The court held this irrelevant to the issue in a claim case, and…
1Opinion of the Court
Jackson, Justice.
A distress warrant was levied on three bales of cotton on the premises rented by Alston, Sr., from Wilson. Alston, Jr., claimed them and the jury found the property subject. The evidence is to the effect that the two Alstons cultivated the place on shares, and the claimant was to have the cotton raised on it, of which there were six bales in all, three of which were levied on.
The lien for rent, on the proceeds of the farm rented especially, is superior to any agreement between the parties, and the proof is satisfactory that the cotton was the product of the rented premises,…
2Cited by3 opinions
- Hudson v. StewartSupreme Court of Georgia · 1900
- Hollinshead v. WoodardSupreme Court of Georgia · 1907
- Horton v. Union StoreCourt of Appeals of Georgia · 1917