Frazer v. Jackson
| Decision Date | 31 July 1872 |
| Citation | 46 Ga. 621 |
| Parties | HILLARY B. FRAZER, plaintiff in error. v. GEORGE T. JACKSON, defendant in error. |
| Court | Georgia Supreme Court |
Steamboat lien. Bona fide purchaser. Before Judge Gibson. Richmond Superior Court. January Term, 1872.
Hillary B. Frazer instituted proceedings to enforce a lien on the steamboat Wave for personal services rendered on said boat while in the service of the People's Daily Line, a corporation created under the laws of the State of Georgia. The lien was foreclosed and the execution levied upon said boat, which was claimed by George T. Jackson. Similar proceedings were instituted in favor of David A. Philpot and Oliver I. Seago against the steamboat Clyde, which was also claimed by George T. Jackson. The last two cases, by agreement, were to abide the result of the first.
The cases were submitted to the Court upon the following agreed statement of facts:
*"That the People's Daily Line owned the steamboats Clyde and Wave, from their construction until May 18th, 1871, when they sold them to William H. Scott; that William H. Scott sold them to George T. Jackson on May 31st, 1871; that Jackson purchased in good faith without any knowledge of the debts due the plaintiffs, Frazer, Philpot and Seago, which are sought to be enforced against the steamboats; that the lien fi. fas. of Philpot and Seago were levied upon the steamboat Clyde on July 22d, 1871; that the lien fi. fa. of Hillary B. Frazer was levied on the steamboat Wave on September 27th, 1871."
The Court held that the several judgments having been obtained subsequent to the purchase of said boats, there could be no lien to defeat a bona fide purchaser for value, and that said boats were not subject to said execution.
To which decision Hillary B. Frazer excepted and assigns the same as error.
Barnes & Cumming; H. Clay Foster, for plaintiff in error. 1st. The lien attached from the performance of the service: Code, sections 1968, 1969; Acts of 1869, p. 135; 43 Ga. R., 11; Camp & Kemp v. S. Mayer, assignee, decided July Term, 1872.
Frank H. Miller, for defendant. 1. That he can attack the validity of process levied on his property: Phillips v. Hyde, decided March 12, 1872; 37 Ga., 681; 1st, 317; 30th, 450; 6th, 515. 2. That steamboat liens take effect from date of judgment of foreclosure; 30 Ga., 465; 40th, 540. 3. That the fact being admitted that Jackson owned the boats for some time before foreclosure of liens the same must be illegal, because the allegations in the affidavit, of a demand for payment of the president of the People's Daily Line, as owner, is untrue. 4. It is only judgments that have liens on personal property for two years: Code, section 3525. 5. Steamboat liens can in no event last over twelve months, and where the interest of bona fide purchasers, without *notice, is affected, the record must show by bill of particulars, or otherwise, when the lien is claimed to have commenced: 6 Ga., 159-170;...
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Bennett v. Green
...embraced, if their creation was junior to this instrument, or if such deed was taken bona fide and without notice of such liens. Frazer v. Jackson, 46 Ga. 621; Bennett L. Co. v. Martin, 132 Ga. 491, 64 S. E. 484; Oglethorpe S. & T. Co. v. Morgan, 149 Ga. 787, 102 S. E. 528. 3. The above poi......
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Bennett v. Green
...embraced, if their creation was junior to this instrument, or if such deed was taken bona fide and without notice of such liens. Frazer v. Jackson, 46 Ga. 621; Bennett Co. v. Martin, 132 Ga. 491, 64 S.E. 484; Oglethorpe S. & T. Co. v. Morgan, 149 Ga. 787, 102 S.E. 528. 3. The above points a......
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