Oglethorpe Savings & Trust Co. v. Morgan
Supreme Court of Georgia
Equitable petition. Before Judge Rourke (of the city court). Chatham superior court. December 30, 1918. In September, 1912, Ebenezer Morgan entered into a contract with the Masonic Temple Association, a corporation, of Chatham county, Georgia, to build a five-story reinforced-conerete building on land known as No. 39 Jasper ward in the City of Savannah, Chatham county, then owned by the association.
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Equitable petition. Before Judge Rourke (of the city court). Chatham superior court. December 30, 1918. In September, 1912, Ebenezer Morgan entered into a contract with the Masonic Temple Association, a corporation, of Chatham county, Georgia, to build a five-story reinforced-conerete building on land known as No. 39 Jasper ward in the City of Savannah, Chatham county, then owned by the association. Morgan immediately entered into possession of the tract of land and began the construction of the building. At the completion of the building according to his contract, the association owed him…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) The judge was authorized to find that the trustee, the grantee in the trust deed, and each of the creditors whose claims against the association were secured by a pledge of the bonds, had actual notice of the plaintiff’s contract, and of his contractual rights, whatever they were, at the time of the execution of the deed. The plaintiff’s lien was not recorded until the completion of his contract, and at a time subsequent' to the making of the trust deed; but it was recorded within three months after the completion of his contract, and he commenced suit…
2Cases cited20 opinions
- Eagan v. ConwaySupreme Court of Georgia · 1902
- Bennett Lumber Co. v. MartinSupreme Court of Georgia · 1909
- Jones v. KernSupreme Court of Georgia · 1897
- Cherry v. North & South RailroadSupreme Court of Georgia · 1880
- Ashmore v. WhatleySupreme Court of Georgia · 1896
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3Cited by38 opinions
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