Mullins v. Dowling

Court of Appeals of Georgia

Mullins v. Dowling

92 S.E. 763, 20 Ga. App. 138, 1917 Ga. App. LEXIS 752

CourtCourt of Appeals of Georgia

DecidedJune 7, 1917

Docket8116

StatusPublished

Cited by1 cases

This text of 92 S.E. 763 (Mullins v. Dowling) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mullins v. Dowling, 92 S.E. 763, 20 Ga. App. 138, 1917 Ga. App. LEXIS 752 (Ga. Ct. App. 1917).

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Opinion

Jenkins, J.

1. Upon the foreclosure of a landlord’s special lien for supplies, although, the affidavit made to secure the issuance of the execution therein may be made by the agent of the landlord (Civil Code (1910), §§ 3348, 3366 (3) ), yet when it appears that such affidavit is made by such an agent, the execution thereunder should issue in favor of the principal. Where such an execution issued in favor of “Dowling, agent for McClain,” it was in favor of Dowling individually, and the words “agent for McClain” were merely descriptio persoiise. The motion of the defendant to dismiss the proceeding against him on this ground should have been granted. Maxwell v. Collier, 115 Ga. 304. (41 S. E. 620).

2. The special lien given to landlords upon the crops of their tenants for money and articles furnished to make the crops embrace only the crops of the year in which such advances are made for such purpose; and where the exhibit attached to the affidavit of foreclosure and the evidence submitted for the plaintiff showed that all the advances upon which the proceeding was based were made not later than the year 1914, and that the lien claimed was upon the crops of the year 1915, the proceeding was not maintainable.

Judgment reversed.

Broyles, P. J., and Bloodworth, J., concur.

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Jenkins, J.

1. Upon the foreclosure of a landlord’s special lien for supplies, although, the affidavit made to secure the issuance of the execution therein may be made by the agent of the landlord (Civil Code (1910), §§ 3348, 3366 (3) ), yet when it appears that such affidavit is made by such an agent, the execution thereunder should issue in favor of the principal. Where such an execution issued in favor of “Dowling, agent for McClain,” it was in favor of Dowling individually, and the words “agent for McClain” were merely descriptio persoiise. The motion of the defendant to dismiss the proceeding against him on this ground should have been granted. Maxwell v. Collier, 115 Ga. 304. (41 S. E. 620).

2. The special lien given to landlords upon the crops of their tenants for money and articles furnished to make the crops embrace only the crops of the year in which such advances are made for such purpose; and where the exhibit attached to the affidavit of foreclosure and the evidence submitted for the plaintiff showed that all the advances upon which the proceeding was based were made not later than the year 1914, and that the lien claimed was upon the crops of the year 1915, the proceeding was not maintainable.

Judgment reversed.

Broyles, P. J., and Bloodworth, J., concur.

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Bluebook (online)

92 S.E. 763, 20 Ga. App. 138, 1917 Ga. App. LEXIS 752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mullins-v-dowling-gactapp-1917.

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