Neal v. Hubbard

• Decision Date: 17 April 1936
• Docket Number: 25404.
• Citation: 185 S.E. 384,53 Ga.App. 267
• Parties: NEAL v. HUBBARD.
• Court: Georgia Court of Appeals

185 S.E. 384

53 Ga.App. 267

NEAL v. HUBBARD.

No. 25404.

Court of Appeals of Georgia, First Division

April 17, 1936

Syllabus by the Court.

1. Under the facts of this case, "upon the sale of the land under the power granted in the security deed, the signer of the rent note ceased to be the tenant of the grantor in the security deed, and became the tenant of the purchaser of the land under that sale."

2. The evidence authorized the verdict, no reversible error of law is shown, and the court did not err in overruling the motion for new trial.

Error from Superior Court, McDuffie County; C.J. Perryman, Judge.

Distress warrant proceeding by Mrs. W. W. Hubbard against Iverson Neal. Judgment for plaintiff, and defendant brings error.

Affirmed.

B. J Stevens, of Thomson, for plaintiff in error.

Randall Evans, Jr., of Thomson, for defendant in error.

BROYLES Chief Judge.

Mrs. W W. Hubbard instituted a distress warrant proceeding against Iverson Neal for rent of certain lands. The only issue submitted to the jury was "as to whether or not the crops of Iverson Neal had reached a state of maturity on the 13th day of September, 1934," the date on which Mrs Hubbard acquired title to the land. The jury found that the "crop was not matured September 13, 1934," whereupon the court entered judgment against the defendant for the rent, interest, and costs. The defendant made a motion for new trial, which was overruled, and, on this judgment, he assigns error. The special grounds of the motion allege that the court erred: (1) In submitting to the jury as the only issue to be passed upon by them the matter of determining whether the crops of the defendant had matured on September 13, 1934; (2) because, after the verdict was rendered, the court erred in entering judgment against the defendant, as there was no evidence on which to base such judgment; (3) because the court erred in not instructing the jury what was meant by the maturity of the crops.

An agreed statement of facts shows that in 1930 S. T. Holliman executed a security deed to Mrs. W. W. Hubbard to the land in question, Holliman retaining possession; that Holliman rented the land to Neal for the year 1934 for 1,000 pounds of lint middling cotton of the value of $130, and took Neal's rent note for same; that on September 13, 1934 Mrs. Hubbard, under the power of sale contained in the security deed, sold the land to the highest bidder, she being the purchaser; that a deed was executed to Mrs. Hubbard after the purchase at said sale; that Mrs. Hubbard notified Neal twice to pay the rent to her and not to S. T. Holliman, in view of her purchase of the land at the said sale on the 13th day of September, 1934; that Neal received both...