Scott v. Berry
Supreme Court of Georgia
Distress warrant. Landlord and tenant. Before Judge Harrell. Clay Superior Court. March Term, 1872. Thomas Berry made affidavit for a distress warrant as follows: “That H. A. Scott, trustee for his wife and children, of said county, is justly indebted to him, deponent, in the sum of $1,50,0 for the rent of the plantation of J. E. Trentlen, for the year 1871, and which sum is to mature and become due on December 1st, next, and that the said H. A. Scott, trustee for his wife…
Read the full summary
Distress warrant. Landlord and tenant. Before Judge Harrell. Clay Superior Court. March Term, 1872. Thomas Berry made affidavit for a distress warrant as follows: “That H. A. Scott, trustee for his wife and children, of said county, is justly indebted to him, deponent, in the sum of $1,50,0 for the rent of the plantation of J. E. Trentlen, for the year 1871, and which sum is to mature and become due on December 1st, next, and that the said H. A. Scott, trustee for his wife and children, is seeking to remove his crop from the premises.” This affidavit was based upon a note dated November 29th,…
1Opinion of the Court
Montgomery, Judge.
> It is true that no one but a landlord may distrain for rent: 3 Blackstone’s Commentaries, 6, n.; therefore, the holder, as such, of a rent note cannot; but it is not true that only the owner of the fee can be a landlord. A lease is an estate and may be assigned: Garner vs. Byard, 23 Georgia Reports, 291. Hence, a tenant may sub-let; and, as to the sub-tenant, he is the landlord — that he takes a rent note, payable to the owner of the fee or bearer, is not inconsistent with the idea of a sub-lease. For aught that appears by this record, Berry was the original lessee of the…
2Cited by5 opinions
- Potts-Thompson Liquor Co. v. PottsSupreme Court of Georgia · 1910
- Lathrop & Co. v. ClewisSupreme Court of Georgia · 1879
- Pugh v. MiddlebrooksCourt of Appeals of Georgia · 1933
- Potts-Thompson Liquor Co. v. PottsSupreme Court of Georgia · 1910
- Stafford v. StauntonSupreme Court of Georgia · 1892