Shirling v. Kennon

Supreme Court of Georgia

Shirling v. Kennon

46 S.E. 630, 119 Ga. 501, 1904 Ga. LEXIS 252

CourtSupreme Court of Georgia

DecidedFebruary 13, 1904

StatusPublished

Cited by12 cases

This text of 46 S.E. 630 (Shirling v. Kennon) 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

Shirling v. Kennon, 46 S.E. 630, 119 Ga. 501, 1904 Ga. LEXIS 252 (Ga. 1904).

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Opinion

Cobb, J.

1. In three cases it has been held that the landlord’s special lien for rent upon the crop raised upon the rented premises was for a debt so in the nature of the purchase-money that it would be superior to an exemption set apart in such crop under the provisions of the constitution of 1868. Davis v. Meyers, 41 Ga. 95; Taliaferro v. Pry, 41 Ga. 622; Harrell v. Fagan, 43 Ga. 339. Under the provisions of the Civil Code, § 2873, which is a codification of an act passed in 1874, property set' apart under the statutory or short homestead law is made subject to “ sale for the purchase-money. ” The language of the act of 1874 is substantially that of the constitution of 1868. The .principles at the foundation of the decisions above cited would seem to be applicable in cases where the short homestead is involved. ‘ .

2. For the reason stated in the second headnote, no other question than the one just disposed of is before us for decision in this case.

Judgment affirmed.

All the Justices concur, except Simmons, G. J., absent.

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Cobb, J.

1. In three cases it has been held that the landlord’s special lien for rent upon the crop raised upon the rented premises was for a debt so in the nature of the purchase-money that it would be superior to an exemption set apart in such crop under the provisions of the constitution of 1868. Davis v. Meyers, 41 Ga. 95; Taliaferro v. Pry, 41 Ga. 622; Harrell v. Fagan, 43 Ga. 339. Under the provisions of the Civil Code, § 2873, which is a codification of an act passed in 1874, property set' apart under the statutory or short homestead law is made subject to “ sale for the purchase-money. ” The language of the act of 1874 is substantially that of the constitution of 1868. The .principles at the foundation of the decisions above cited would seem to be applicable in cases where the short homestead is involved. ‘ .

2. For the reason stated in the second headnote, no other question than the one just disposed of is before us for decision in this case.

Judgment affirmed.

All the Justices concur, except Simmons, G. J., absent.

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Bluebook (online)

46 S.E. 630, 119 Ga. 501, 1904 Ga. LEXIS 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shirling-v-kennon-ga-1904.

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