Bank of Cusseta v. Ellaville Guano Co.

Supreme Court of Georgia

Bank of Cusseta v. Ellaville Guano Co.

85 S.E. 119, 143 Ga. 312, 1915 Ga. LEXIS 412

CourtSupreme Court of Georgia

DecidedApril 14, 1915

StatusPublished

Cited by3 cases

This text of 85 S.E. 119 (Bank of Cusseta v. Ellaville Guano Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of Cusseta v. Ellaville Guano Co., 85 S.E. 119, 143 Ga. 312, 1915 Ga. LEXIS 412 (Ga. 1915).

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Opinion

Beck, J.

There can be no mortgage of a crop until it is planted. Redd v. Burrus, 58 Ga. 574; Hall v. State, 2 Ga. App. 739 (59 S. E. 26). And while, under the provisions of § 3349 of the Civil Code, the lien of a mortgage on crops given to secure the payment of debts for money borrowed to aid in making and gathering such crops is superior to judgments of older date than such mortgage, where the money to secure the payment of which the mortgage is given is furnished in the year in which the crop is grown, the general rule first stated is not altered by the code section referred to; and as the evidence authorized the court, upon the hearing of a rule against the sheriff for the distribution of money in his hands, arising from the sale of certain farm products, the money being claimed by a mortgagee (the plaintiff in error) and by the defendants in error (who were plaintiffs in executions based upon judgments older than the mortgage), to find that the crops which produced the property sold were not planted at the time of the execution of the mortgage, the court did not err in holding that the money should be awarded to the holders of the judgment liens.

Judgment affirmed.

All the Justices concur, except Fish, O. J., absent.

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Beck, J.

There can be no mortgage of a crop until it is planted. Redd v. Burrus, 58 Ga. 574; Hall v. State, 2 Ga. App. 739 (59 S. E. 26). And while, under the provisions of § 3349 of the Civil Code, the lien of a mortgage on crops given to secure the payment of debts for money borrowed to aid in making and gathering such crops is superior to judgments of older date than such mortgage, where the money to secure the payment of which the mortgage is given is furnished in the year in which the crop is grown, the general rule first stated is not altered by the code section referred to; and as the evidence authorized the court, upon the hearing of a rule against the sheriff for the distribution of money in his hands, arising from the sale of certain farm products, the money being claimed by a mortgagee (the plaintiff in error) and by the defendants in error (who were plaintiffs in executions based upon judgments older than the mortgage), to find that the crops which produced the property sold were not planted at the time of the execution of the mortgage, the court did not err in holding that the money should be awarded to the holders of the judgment liens.

Judgment affirmed.

All the Justices concur, except Fish, O. J., absent.

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Bluebook (online)

85 S.E. 119, 143 Ga. 312, 1915 Ga. LEXIS 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-cusseta-v-ellaville-guano-co-ga-1915.

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