Graham v. West
| Decision Date | 09 November 1906 |
| Citation | 55 S.E. 931,126 Ga. 624 |
| Parties | GRAHAM . v. WEST. |
| Court | Georgia Supreme Court |
Sales—Property Attached to Soil.
An agreement for the sale of property attached to the soil, which is to be severed therefrom and converted into personalty before the title to the property iB to pass to the purchaser, is an executory sale of goods, and not of an interest in lands.
[Ed. Note.—For cases in point see Cent Dig. vol. 43, Sales, § 21.]
(Syllabus by the Court.)
Error from Superior Court, Richmond County; H. C. Hammond, Judge.
Action by F. L. West against Luther Graham. Judgment for plaintiff. Defendant brings error. Affirmed.
An attachment for purchase money was sued out by F. L. West against Luther Graham, who was alleged to be indebted in the sum of $30 for "a certain lot of wood, " of which he was in possession. On the trial of the case In a justice's court, the plaintiff testified that he had sold the defendant the wood on a certain lot of land, the same being a part of a tract of land known as the "McDade Land, " and the defendant owed him on the purchase the sum of money for which the attachment was proceeding; that he could not swear positively that the wood levied on was cut from this tract of land, but felt satisfied that it was, as he bad seen Graham going to the woods with his wagons and coming from there with the cordwood on them, and knew the defendant had hands cutting this wood; that some one had hauled It from the land; and that defendant had no other wood to haul. Upon the conclusion of the plaintiff's testimony, counsel moved to dismiss the attachment on the grounds (1) that the plaintiff had failed to identify the property, and (2) that the attachment was proceeding against realty and the justice's court was without jurisdiction in the premises. The motion to dismiss was overruled; the justice holding that "when wood had been sold, cut, and hauled from land, it was detached from the realty and became personal property." On certiorari to the superior court, the judgment of the justice was upheld and the plaintiff sued out a writ of error to this court
F. W. Capers, for plaintiff in error.
Henry S. Jones, for defendant in error.
EVANS, J. (after stating the facts). The sale of standing timber, where the contract contemplates that the growing trees are to remain in the soil for a fixed time or In-definitely, at the pleasure of the vendee, concerns an interest in the land. Moore v. Vickers (Ga.) 54 S. E. 814. On the other hand, the prevailing rule...
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Pope v. Barnett
...with the facts of the present case; but we think the principles stated in those decisions are applicable. For instance, in Graham v. West, 126 Ga. 624, 55 S.E. 931, it stated as the prevailing rule that, if the trees sold are to be immediately severed from the soil and carried away, and are......
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Pope v. Barnett
...grow and attain additional strength from the soil, the sale is that of personal property, and not of an interest in land." Graham v. West, 126 Ga. 624, 55 S. E. 931. 2. "A contract of sale in regard to timber which is attached to the soil, but which is presently to be severed therefrom and ......
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Clarke Bros. v. McNatt
...to the property is to pass to the purchaser, is an executory sale of personal property, and not of an interest in land. Graham v. West, 126 Ga. 624, 55 S.E. 931. Under these rulings, the contract now before us should treated as dealing with personal property rather than with realty, at leas......
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Collins v. Miller
...the description the levying officer can know what property he is to levy on, the affidavit is sufficient. In the case of Graham v. West, 126 Ga. 624, 55 S. E. 931, the only description of the property (as appears from an examination of the affidavit in the original record) was "a certain lo......