Fargason v. Ford

• Decision Date: 12 January 1904
• Citation: 46 S.E. 431,119 Ga. 343
• Parties: FARGASON. v. FORD.
• Court: Georgia Supreme Court

46 S.E. 431

119 Ga. 343

FARGASON.

v.FORD.

Supreme Court of Georgia.

Jan. 12, 1904.

APPEAL—ASSIGNMENT OF ERROR—LEASE-PARTIES—LANDLORD'S LIEN.

1. An assignment of error, in general terms, that the court erred in granting a nonsuit, sufficiently presents for determination the question whether there was any evidence to sustain the case as laid in the petition.

2. The word "trustee, " following a person's name, is merely descriptio personæ.

3. Where a rent contract is made with A., "trustee, " as landlord, he may foreclose a lieu in his own name for money furnished the tenant by him, as landlord, with which to make the crop upon the rented premises, though the land and such money belong to another person, whom he represented in the transaction.

(Syllabus by the Court.)

Error from City Court of Dawson; A. M. Raines, Judge.

Action by D. S. Fargason, trustee, against L. C. Ford. Judgment for defendant, and plaintiff brings error. Reversed.

Marlin & Irwin, for plaintiff in error.

W. H. Gurr and H. A. Wilkinson, for defendant in error.

FISH, P. J. 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 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, $50.00at 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%. * * * 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."

1. Upon the call of the case in this court, defendant in error moved to dismiss the bill of exceptions, upon the ground that there was no sufficient assignment of error. This motion was not meritorious, as the assignment of error sufficiently presents for determination the question whether there was any Evidence to sustain the case as laid in the foreclosure proceeding. Anderson v. Walker, 114 Ga. 505, 40 S. E. 705; Kelly v. Strouse, 116 Ga. 872, 4 S. E. 280.

2. The word "trustee, " following the name "D. S. Fargason, " was merely descriptio personæ. Crusselle v. Chastain, 76 Ga. 840; Irvine v. Wynn, 107 Ga. 402, 33 S. E. 415; State v. Sallade, 111 Ga. 700, 36 S. E. 922.

3. As the word "trustee" after Fargason's name was merely descriptive, the contract was with him in his individual...