Coxwell v. DeVaughn

Decided January 15, 1876

Supreme Court of Georgia · decided 1876-01-15

<p>A creditor having both a crop lien and an open account of younger date, may appropriate to either, at his option, the proceeds of a bale of cotton deliv¡T ered to him by his debtor, with instructions to sell to the best advantage and keep the money. After the money has been realized by the creditor and appropriated by him to the account, it is too'late for the debtor to direct its appropriation to the lien. f</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1876-01-15

How this case has been cited

Cited by 4 later decisions — most recently June 1951

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bleckley, Judge.

¶1The creditor held a crop lien and an open account of younger date. The debtor delivered to him a bale of cotton, with no direction but to sell to the best advantage and keep the money. The creditor sold the cotton and applied the money to the account. He foreclosed the crop lien, and the debtor thereupon filed his affidavit resisting its enforcement, and insisted that the proceeds of the cotton should go in reduction or in discharge of the lien. "We think the presiding judge was clearly right in holding that the creditor was free to appropriate the payment as he did: Code, section 2869; 1 Kelly, 241; 45 Georgia Reports, 565.

¶2Judgment affirmed.