170 Ga. 30 | Ga. | 1930
(After stating the foregoing facts.) After a review of the- record in this case, we are of the opinion that the court erred in overruling certain of the demurrers to the equitable amendment filed by the claimant, Fruit Growers Inc., and to the intervention filed by the Credit Corporation. From the amendment filed in aid.of the claim it appears that the claim was based upon a contract, a copy of which was attached to the amendment; that Hale, the defendant in execution, applied to the Credit Corporation for money and supplies with which to make a peach crop for the season of 1928, and executed the contract attached to the amendment. In the contract it is provided that the control of all peaches in question is to be vested in the claimant for the purpose of marketing the same and applying the proceeds to its claim.
When the intervenor came into this case, he took the case as he found it. He found a case that could not stay in court as against a general demurrer. The contract between this intervenor, the Credit Corporation, and Hale did not show title in the former. It showed the existence of a lien; and if that lien was superior to the title of the plaintiif in execution, it could have been asserted at law. But without regard to this, there was no valid claim so as to make a ease in which the Credit Corporation could intervene. It may be that the equitable amendment filed by the claimant and the intervention of the Credit Corporation show a case in which the seizure of the peach crop in July, under the execution in favor of the Marketing Agency, would work great hardship and • cause serious loss; but that fact did not authorize the filing of a statutory claim. Whether it might have authorized an equitable suit for the appointment of a receiver, who could dispose of the .crop and hold the proceeds until the rights of all the parties to it could be adjudicated, is not now for us to decide. Nor is it for us in this suit to decide what proceedings the claimant or the Credit Corporation may maintain to assert the equities which they attempted to
Judgment reversed.