Camp v. West

• Decision Date: 25 April 1901
• Citation: 113 Ga. 304,38 S.E. 822
• Parties: CAMP . v. WEST et al.
• Court: Georgia Supreme Court

38 S.E. 822

113 Ga. 304

CAMP .

v.WEST et al.

Supreme Court of Georgia.

April 25, 1901.

LANDLORD AND TENANT—LANDLORD'S LIEN— ASSIGNMENT—RECORD.

1. An assignment before maturity of a written contract for rent does not operate to raise in favor of the assignee the special statutory lien on crops given to landlords, when it ap pears that before the maturity of the crops on the rented premises the consideration of such contract had entirely failed.

2. The question whether the assignees of the promissory notes involved in the present case could, as innocent purchasers thereof for value, enforce their collection by a suit thereon, is not made in the record.

(Syllabus by the Court.)

Error from city court of Floyd county; W. M. Henry, Judge.

Action by M. N. West & Co. against B. G. Camp. From a Judgment in favor of plaintiffs, and from an order denying defendant's motion for a new trial, he brings error. Reversed.

Dean & Dean, for plaintiff in error.

McHenry & Maddox and M. B. Eubanks, for defendants in error.

FISH, J. On the 5th of January, 1898, the Merchants' National Bank of Rome purchased at sheriff's sale certain lands, sold as the property of M. A. Taylor; the sheriff on the same day executing to the bank a deed to the property. This deed was duly recorded on October 24, 1898. On January 7, 1899, the bank not having been put in possession of the property, Taylor, who still held the same, rented a part of it to B. G. Camp for the year 1899. Camp gave to Taylor two promissory notes, due In November thereafter; the notes specifying that they were for rent of Taylor's farm for the year 1899, and being payable to Taylor or bearer. In March of the same year Taylor sold and transferred, in writing, these notes to West & Co. In August, 1899, the bank applied for and obtained from the superior court an order directing the sheriff to put it in possession of the premises in question, which it had purchased at the sheriff's sale. This order was executed and the bank put In possession September 9, 1899. Camp did not leave the farm, but on that day entered into a contract with the bank, which, after reciting the purchase of the property by the bank and the granting of the order to put it in possession, states that by reason of these facts he "does hereby make surrender of his said holding as tenant of said Taylor, and does hereby recognize that said bank has been put in possession by said sheriff and that defendant has been dispossessed, and that the future possession and occupancy of said property by defendant [is] as tenant of said bank." At this time the' crops on the premises had not matured. On October 10, 1899, West & Co., transferees of the rent notes, sued out a distress warrant against Camp, which was levied on his crops, a part of which had not then matured. A counter affidavit was filed, and on the trial of the case the defense relied on was that the consideration of the notes had failed. Upon the trial of...