Legal Opinion

Rodgers v. Black

Supreme Court of Georgia

Decided June 8, 1896PublishedCited by 6 opinions

Foreclosure of lien. Before Judge Butt. Muscogee superior court. May term, 1895. Black made affidavit for tbe purpose of foreclosing bis alleged special landlord’s lien upon tbe crops raised by Rodgers upon lands rented by Black to Rodgers for 1893, for supplies (guano of tbe value of $100) which be claimed be furnished to Rodgers for tbe purpose of making a crop for 1893 upon the land rented.

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Foreclosure of lien. Before Judge Butt. Muscogee superior court. May term, 1895. Black made affidavit for tbe purpose of foreclosing bis alleged special landlord’s lien upon tbe crops raised by Rodgers upon lands rented by Black to Rodgers for 1893, for supplies (guano of tbe value of $100) which be claimed be furnished to Rodgers for tbe purpose of making a crop for 1893 upon the land rented. He alleged in bis affidavit that tbe $100 was not due, but that Rodgers was removing bis crops from tbe premises; and that be bad demanded payment of tbe $100 from Rodgers after information received by…

1Opinion of the CourtSimmons, C. J.

1. A landlord is not entitled to a lien upon his tenant’s crop for supplies unless the same are furnished by the landlord himself. If the tenant signed a promissory note for the price -of the supplies, and the landlord, though he may have indorsed the same or signed it as surety (doing this with the tenant’s consent), was in fact the real purchaser, he would be ■entitled to his lien, the truth of the matter being a question for the jury. If, however, the tenant was the purchaser in the first *140instance, and the landlord, without his knowledge or consent, upon a private understanding with the…

2Cases cited3 opinions

  1. Scott v. PoundSupreme Court of Georgia · 1878
  2. Brimberry v. MansfieldSupreme Court of Georgia · 1891
  3. Swann, Stewart & Co. v. Morris & CookSupreme Court of Georgia · 1889

3Cited by6 opinions

  1. Fargason v. FordSupreme Court of Georgia · 1904
  2. Henderson v. HughesCourt of Appeals of Georgia · 1908
  3. O'Quinn v. CarterCourt of Appeals of Georgia · 1925
  4. Phillips v. FreemanCourt of Appeals of Georgia · 1923
  5. Rhodes v. VerderySupreme Court of Georgia · 1924

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