6 Ga. App. 484 | Ga. Ct. App. | 1909
Lead Opinion
Guin was proceeding to foreclose a lien under the provisions of section 2809 of the Civil Code, by levying upon 25,-000 feet of yellow-pine lumber, claiming that he was entitled to a lien by virtue of a contract under which he had furnished the Hilton & Dodge Lumber Company certain yellow-pine timber and logs. The Hilton & Dodge Lumber Company filed a counter-affidavit alleging, (-1) that they were not indebted to the plaintiff in any sum whatever; (2) denying the existence of the lien claimed by the plaintiff and that the defendant contracted with him as alleged in his affidavit; and (3) denying that any demand had ever
That the plaintiff in this case, who was the holder of a bond for title to the land from which the logs were cut, and was in possession, having paid part of the purchase-money, had such an interest in the logs as would enable him to enforce his lien as against the-defendant, under the circumstances, .seems to be in effect the hold
Concurrence Opinion
concurring specially. .The fact that the holder of the legal title got the money, and that the plaintiff got the benefit • of this payment, strongly impresses me; but I am in too much doubt to justify my dissenting from the views ably presented by my colleagues.