Gunn v. Wades
Supreme Court of Georgia
Judgments. Decree. United States Courts. Mortgage. Privies. Before Judge Wright. Early Superior Court. April Term, 1877. On April 23d, 1872, a decree of foreclosure of mortgage was had in the case of Currier vs. Taylor, pending in the fifth circuit court of the United States for the southern district of Georgia.
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Judgments. Decree. United States Courts. Mortgage. Privies. Before Judge Wright. Early Superior Court. April Term, 1877. On April 23d, 1872, a decree of foreclosure of mortgage was had in the case of Currier vs. Taylor, pending in the fifth circuit court of the United States for the southern district of Georgia. Execution issued, was levied upon the mortgaged property, and a sale by the marshal had, on October 7th, 1873, at which Gunn became the purchaser for $200.00. J. M. and E. W. Wade were dispossessed and Gunn placed in possession. The Wades brought ejectment against Gunn. Their title…
1Opinion of the Court
Bleckley, Justice.
A decree foreclosing a mortgage upon land was rendered in the circuit court of the United States. The land was sold under the decree, and purchased by one of the parties to the present suit. After the decree was rendered the mortgagor conveyed the land to the other party to the present suit. The title derived through a judicial sale under the decree, and the title derived through a private sale by the mortgagor are thus brought into direct collision, and the question is, which must give way ?
The whole attack is upon the decree of foreclosure. The effort is to overthrow that…
2Cited by2 opinions
- Elwell v. New England Mortgage Security Co.Supreme Court of Georgia · 1897
- Jackson v. ParrottSupreme Court of Georgia · 1881