119 Ga. 343 | Ga. | 1904
The parties to this case executed the following contract:
“ Georgia, Terrell County. This agreement between D. S. Fargason, trustee, of the first part, and L. C. Ford of the second part, witnesseth: That the said party of the first part, D. S. Fargason, trustee, does hereby lease, rent, and let to the said L. C. Ford the party of the second part, a certain four-horse farm, known as the Gammage place, in the 12th dist. of Terrell county, for the term of five years, to begin on the 1st day of Jany., 1902, and the said*344 lease to expire on the 31st day of Dec., 1906. And the said Fargason, trustee, agrees to furnish and loan to the said Ford the sum. of $150.00, during the year 1902, with which.to enable the said Ford to cultivate said farm during said year. Said sum to be advanced as follows, $50.00 at once, and the balance $100.00 to be advanced along during the year, as might be needed by the said Ford. The said $150.00 to be repaid by said Ford to said Fargason, trustee, by the first day of Dec., 1902, with interest, at 8%,” etc. “ D. S. Fargason, trustee.
“ L. C. Ford.”
On December 2, 1902, “D. S. Fargason, trustee, foreclosed a lien for money loaned against the crops grown on the rented premises during the year 1902. Ford filed a counter-affidavit. Upon the trial of the issue thus made, it appeared, from the evidence submitted by the plaintiff, that the title to the land in question was in D. S. Fargason as trustee for his wife and minor daughter, and that it was their money which he furnished to Ford with which to make a crop. Fargason testified that the land in question belonged to his wife and minor daughter, and he managed it for them; that Ford did not owe him individually anything, but the money was owing to him as trustee. The court granted a nonsuit, to which ruling the plaintiff excepted, the assignment of error being as follows: “Plaintiff now comes and excepts to the order granting nonsuit and assigns the same as error.”