152 Ga. 262 | Ga. | 1921
1. The secretary and manager of a corporation, who owns no stock in the corporation and is not otherwise beneficially or pecuniarily interested therein, is qualified to witness an instrument of writing to which the corporation is a party. Citizens Trust Co. v. Butler, and cases cited, 152 Ga. 80 (108 S. E. 468).
2. “ Agricultural crops raised by a ‘ cropper ’ do not become personalty until they are detached from the soil; and the owner of the land cannot employ the remedy provided in the Civil Code, § 4483, generally applicable for the recovery of the possession of personalty, for the purpose of recovering from the ‘ cropper possession of the crops raised by him, while they remain attached to the soil.” Williams v. Mitchem, 151 Ga. 227 (106 S. E. 284); Civil Code (1910), § 3617; Pitts v. Hendrix, 6 Ga. 452; Frost v. Render, 65 Ga. 15; Bagley v. Columbus So. Ry. Co., 98 Ga. 625 (25 S. E. 638, 34 L. R. A. 286, 58 Am. St. R. 335). See also 8 R. C. L. 360, 371, §§ 6, 16; Cobb’s Law of, the Farm, 13.
(a) A bill of sale to’ the immature and growing crop, in order to be entitled to record, must have been attested by two witnesses, one of whom is an official witness. Civil Code (1910), § 3257.
3. Applying the principle ruled in headnote 1, and under the allegations of the petition, which are admitted by the demurrer to be true, the plaintiff in the lower court was a bona fide purchaser for value of the cotton, and obtained title thereto as against the vendee in the bill of sale.
4. Where parties to a controversy pending in court enter into the following agreement relatively to the issues involved, to wit: “ that the court in his decision on the demurrer provide in his judgment to whom the cotton [in controversy] belongs and the rights of the parties relative
Judgment affirmed.