6 Ga. App. 279 | Ga. Ct. App. | 1909
A common-law fi. fa. in favor of Mrs. Neal against one Payne was issued and properly recorded on the general execution docket on July 3, 1905; and on July 8, 1907, this fi. fa. was levied upon the cotton in dispute, to which Booze, the plaintiff in error, filed a statutory claim. It appears that in 1906 one Pyle furnished, or claims to have furnished, Payne money with which to make a crop for that year, and took a mortgage to secure the indebtedness. The claim of Booze is that this mortgage was taken under the act of 1899 (Ga. Laws, 1899, p. 78), which provides, among other things, that “the lien of mortgages on crops, which mortgages are given to secure the payment of debts for money, supplies, and other articles of necessity, including live stock, to aid in making and gathering such crops, shall be superior to judgments of older date than such mortgages.” In the fall of 1906 Payne brought the cotton in dispute to Pjde and turned it over to him in payment of this mortgage, and Pyle sold the cotton afterwards to Booze, the claimant. So far as material to the understanding of the controlling points in the case this substantially states the evidence. The court found the property subject to Mrs. Neal’s fi. fa., and to this ruling exception is taken.