Griffin & Clay v. Marshall
Supreme Court of Georgia
Foreclosure of mortgage on personalty made by a nonresident. Before Judge Schley. Chatham Superior Court. May Term, 1871. On April 9th, 1870, William J. Marshall executed a mortgage in favor of Griffin and Clay, in the county of Marion, and State of Florida, “ on the entire crop planted and to be grown this year on the plantation in'the county arid State-aforesaid, known as the Wetumpka Place,” for the securing of certain promissory notes therein mentioned.
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Foreclosure of mortgage on personalty made by a nonresident. Before Judge Schley. Chatham Superior Court. May Term, 1871. On April 9th, 1870, William J. Marshall executed a mortgage in favor of Griffin and Clay, in the county of Marion, and State of Florida, “ on the entire crop planted and to be grown this year on the plantation in'the county arid State-aforesaid, known as the Wetumpka Place,” for the securing of certain promissory notes therein mentioned. Nine bales of cotton covered by this mortgage were brought into the State of Georgia, the mortgagor still retaining his residence in the…
1Opinion of the Court
McCay, Judge.
The only question in this case is whether, under our law, a mortgage upon personal property can be foreclosed, in the ordinary method, when, though the property is here, the mortgagor does not reside here. There seems to be no reason why this should not be so, in the nature of things. The proceeding is against the property, and there is no notice to the mortgagor required. The seizure of the property is notice; and even after the seizure the mortgagor, or his agent, Code, section 3899, may set up any defense there may be to the debt. The only difficulty, therefore, is whether our…
2Cited by4 opinions
- Hubbard v. Andrews & Co.Supreme Court of Georgia · 1886
- Rich v. ColquittSupreme Court of Georgia · 1880
- Hubbard v. Andrews & Co.Supreme Court of Georgia · 1886
- Hubbard v. Andrews & Co.Supreme Court of Georgia · 1886