Manley v. Underwood
Court of Appeals of Georgia
Distraint, etc.; from city court of Greenville — Judge Hood presiding. June 11, 1921. The questions in this case arose on a rule against the sheriff for the distribution of a fund which he held, arising from the sale of certain personal property, to which fund there were several claimants, who were made parties to the rule. Consent was made that ail questions raised by the parties be decided on the hearing of the rule.
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Distraint, etc.; from city court of Greenville — Judge Hood presiding. June 11, 1921. The questions in this case arose on a rule against the sheriff for the distribution of a fund which he held, arising from the sale of certain personal property, to which fund there were several claimants, who were made parties to the rule. Consent was made that ail questions raised by the parties be decided on the hearing of the rule. The claims to the funds in the hands of the sheriff, and the grounds of each claim, may be stated as follows: E. K. Underwood sued out a distress warrant against J. M. Mánley,…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) The controlling question of law, under the facts of this case, is, what was the relationship between Underwood, the plaintiff, and Manley, the defendant? Was that relationship one of landlord and tenant, or of vendor and vendee ? If the evidence shows that at the time the fertilizers were furnished by Underwood to Manley, Underwood occupied the relationship of landlord to Manley, it follows, as a matter of statutory law, that Underwood had a landlord’s lien for rent and a lien for the supplies furnished to make the crop for the year when his distress…
2Cases cited3 opinions
- Scott v. PoundSupreme Court of Georgia · 1878
- Wilkins v. FulcherCourt of Appeals of Georgia · 1911
- Hodnett v. MannCourt of Appeals of Georgia · 1912
3Cited by6 opinions
- Hoffman v. Franklin Motor Car Co.Court of Appeals of Georgia · 1924
- Shoup v. ElliottSupreme Court of Georgia · 1941
- Widincamp v. PattersonCourt of Appeals of Georgia · 1925
- Colonial Hill Co. v. GreenoeCourt of Appeals of Georgia · 1926
- Tucker v. BakerCourt of Appeals of Georgia · 1953
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