Stansell v. Corley

• Decision Date: 09 January 1889
• Citation: 8 S.E. 868,81 Ga. 453
• Parties: STANSELL v. CORLEY
• Court: Georgia Supreme Court

8 S.E. 868

81 Ga. 453

STANSELL v. CORLEY

Supreme Court of Georgia

January 9, 1889

Syllabus by the Court.

To render a private writing an instrument under seal, according to the Code, it is only necessary that it recite in the body that a seal is used or contemplated, and that a scroll, or any other mark intended as a seal, be annexed or affixed. A printed "L. S." following the signature is a sufficient mark to satisfy the latter requisite.

A writing, signed and sealed, which acknowledges indebtedness by the maker to another named person, in a certain sum, and specifies when it is to become due, imports a promise to pay said sum at the time specified, and, though the promise is not express, but understood, the period of limitation for an action thereon is 20 years.

The action is well brought in the short form of declaration authorized by the Code, (section 3391.)

No issuable defense under oath or affirmation being filed judgment was properly rendered by the court without the verdict of a jury; the contract declared upon being an unconditional contract in writing.

Error from superior court, Newton county; BOYNTON, Judge.

Capers Dickson, for plaintiff in error.

L. L Middlebrooks, for defendant in error.

BLECKLEY C.J.

1. The action was brought in the short form, and was founded upon a writing, the main purpose of which was to create a crop lien. It purported, in the body of it, to be executed under seal and annexed to the signature of the maker's name was a printed "L. S." The point was made that it was not a sealed instrument, because the "L. S." simply indicated where the seal was to be, and did not itself constitute a seal. We think otherwise. The Code declares that a scroll, or any other mark intended as a seal, shall be held as such. Code, § 5. That this was intended as a seal appears from the fact that the maker recites that the instrument is executed under his hand and seal. He makes this "L. S." his seal by adoption, although it was put there by the printer.

2. The writing acknowledged that the maker was indebted to the plaintiff below in a certain sum of money, and stipulated for a crop lien, and that to secure the debt certain things should be done with reference to delivery of cotton, etc. It specified also when the money was to become due. We hold that it imported an undertaking on his part to pay that sum of money, as well as to do acts towards securing it, which he expressly stipulated to do in the writing; and we announce this proposition in reference to that part of the case: A writing, signed and sealed, which acknowledges indebtedness by the maker to another named person, in a certain...