MacKenzie v. Jackson
Supreme Court of Georgia
Evidence. Mortgages. Probate. Record. Officers. Practice. Before Judge Roney. Burke superior court. December adjourned term, 1887. The equitable plea referred to in the beginning of the decision, as filed by MaeKenzie in aid of his claim, was to the effect following: Before any proceeding to foreclose the mortgage, he had bought the property from N. L. Scales without any knowledge of the existence of the mortgage.
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Evidence. Mortgages. Probate. Record. Officers. Practice. Before Judge Roney. Burke superior court. December adjourned term, 1887. The equitable plea referred to in the beginning of the decision, as filed by MaeKenzie in aid of his claim, was to the effect following: Before any proceeding to foreclose the mortgage, he had bought the property from N. L. Scales without any knowledge of the existence of the mortgage. When the maker of said mortgage made and delivered it to the mortgagee, he had no authority to create a lien on the property, having already conveyed all his interest in it to an…
1Opinion of the Court
Simmons, Justice.
A mortgage fi. fa. in favor of Louisa E. Jackson against N. L. Seales, for the sum of $1,500 principal, and interest and costs, and for attorney’s fees, was levied upon certain realty described in the fi. fa. A claim was interposed by MacKenzie, and an equitable plea filed, the facts alleged therein being fully set out in the official report of this case. On the trial of the case, the mortgage and fi. fa. were introduced in evidence by the plaintiff; and it appeared that the mortgage had been recorded by the clerk of the superior court of Burke county, where the trial was…
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