Legal Opinion

Green v. Franklin

Supreme Court of Georgia

Decided December 23, 1890PublishedCited by 3 opinions

Liens. Judgments. Record. Before Judge Lump-kin. Wilkes superior court. May term, 1890. On February 5, 1887, Franklin obtained a common law judgment against Shepherd for $61 principal.

Read the full summary

Liens. Judgments. Record. Before Judge Lump-kin. Wilkes superior court. May term, 1890. On February 5, 1887, Franklin obtained a common law judgment against Shepherd for $61 principal. On May 18, 1889, Shepherd gave to Green an unconditional bill of sale to Shepherd’s entire crop, then planted on certain land, which land was described in the bill of sale and the crop described as being fifteen acres in cotton and eight acres in corn, all unincumbered except for 2,000 pounds of seed-cotton for rent. This bill of sale concluded with the statement that the title to the property was fully…

1Opinion of the Court

Bleckley, Chief Justice.

There can he no doubt that the lien of the judgment would have taken effect upon the crop as soon as the crop matured, if the defendant had not parted with his title before that time. Let it be conceded that the lien of the judgment would never have attached if the conveyance of the crop had not been made as security for a debt but had been made for absolute ownership, then the question arises, what was the effect of not recording the conveyance within the time prescribed by the act of 1885 ? That act requires that all deeds to realty and bills of sale to personalty,…

2Cases cited2 opinions

  1. Conder v. Holleman & BallardSupreme Court of Georgia · 1883
  2. Cohen & Co. v. CandlerSupreme Court of Georgia · 1887

3Cited by3 opinions

  1. Hixon v. CallawayCourt of Appeals of Georgia · 1907
  2. Franklin v. CallawaySupreme Court of Georgia · 1904
  3. Mack Trucks, Inc. v. Ryder Truck Rental, Inc.Court of Appeals of Georgia · 1964

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API