Grier v. Cross

• Decision Date: 18 February 1888
• Citation: 6 S.E. 14,79 Ga. 435
• Parties: GRIER v. CROSS.
• Court: Georgia Supreme Court

6 S.E. 14

79 Ga. 435

GRIER v. CROSS.

Supreme Court of Georgia

February 18, 1888

Error from superior court, Terrell county; JOHN T. CLARKE, Judge.

The plaintiff rented land to the defendant, it being agreed that one-half of the entire crop was to belong to each. The proceedings under a distress warrant by plaintiff were superseded by a bill in equity filed by the defendant, and the decree referred to in the opinion was made in the equity cause.

Simmons & Guerry, for plaintiff in error.

J. M. Griggs, C. B. Wooten, and J. G. Parks, for defendant in error.

BLANDFORD, J.

Grier rented to Cross a tract of land. The growing crop thereon was afterwards levied upon under a distress warrant for $400 in favor of Grier against Cross. Cross filed a counter-affidavit, setting up that he was not indebted, and also filed a bill and asked for the appointment of a receiver to take charge of the crop and gather and market the same; and a receiver was accordingly appointed. The case went to trial, and the jury found a verdict in favor of Grier for $33.75. The court, (there being funds in the hands of the receiver to be distributed,) decreed-- First, that all the costs and charges accruing in the case, to-wit, the fees of the auditor and court costs, the pay of the receiver, and the expenses of gathering and housing and marketing the crop, be first paid out of this fund, and that the balance, when ascertained, be equally divided between Cross and Grier; but that out of the amount going to Cross, the verdict of $33.75 in favor of Grier, should be paid. This decree is excepted to, and error assigned thereon.

The decree upon its face seems manifestly right to us. We do not see how the chancellor could have decreed otherwise than he did. The record in this case is very meager, the bill and answer, etc., not being sent up as a part of the record. No error appearing in the decree itself, and the record not showing any error therein, we must affirm the decree. He who alleges error must show it; and the plaintiff in error having failed to show any error in this record, the judgment is affirmed.