
    George T. Coxwell, plaintiff in error, vs. J. E. DeVaughn, defendant in error.
    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
    
    Debtor and creditor. Appropriation of payments. Before Judge Clark. Macon Superior Court. May Term, 1875.
    Reported in the opinion.
    Thomas P. Loyd, by brief, for plaintiff in error.
    No appearance for defendant.
   Bleckley, Judge.

The 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.

Judgment affirmed.  