Missouri State Life Insurance v. Barnes Construction Co.
Supreme Court of Georgia
Equitable petition. . Before Judge Mathews. Bibb superior court. March 6, 1917. Barnes Construction Company filed a petition seeking equitable relief, the appointment of a receiver, and the establishment of the ■ priority of certain liens, and named B. T. Adams and the Missouri State Life Insurance Company as defendants. Lawton, Jordan-& Company, a corporation, having been adjudicated a bankrupt, was not named as a defendant.
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Equitable petition. . Before Judge Mathews. Bibb superior court. March 6, 1917. Barnes Construction Company filed a petition seeking equitable relief, the appointment of a receiver, and the establishment of the ■ priority of certain liens, and named B. T. Adams and the Missouri State Life Insurance Company as defendants. Lawton, Jordan-& Company, a corporation, having been adjudicated a bankrupt, was not named as a defendant. The petitioner had installed a sprinkler system in a building occupied by Lawton, Jordan & Company. The payments for this system were to be made by the latter company in…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts..)
1. The paper executed between Lawton, Jordan & Company and Barnes Construction Company created a lien upon the realty described, and was properly held by the court to be a mortgage.
2. The court did not err in admitting in evidence the instrument which the Construction Company insisted comprised, among other things, a mortgage giving it a lien upon the premises in which it had constructed the sprinkler system. The mortgage was signed in the following manner:
“In presence of Lawton, Jordan & Company [Corporate
“C. G. Adams. By E. F. Lawton, President. Seal].
“…
2Cases cited5 opinions
- Cook v. StateSupreme Court of Georgia · 1852
- Doe ex dem. Truluck v. RoeSupreme Court of Georgia · 1846
- Protestant Episcopal Church of Diocese v. Lowe Co.Supreme Court of Georgia · 1908
- Achey v. Coleman & RaySupreme Court of Georgia · 1894
- Lee v. McElvySupreme Court of Georgia · 1857
3Cited by11 opinions
- Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
- In re HammettDistrict Court, N.D. Georgia · 1923
- Pinckney v. WeilSupreme Court of Georgia · 1936
- Saranac Mach. Co. v. HeywardCourt of Appeals for the Fifth Circuit · 1923
- Lewis v. BanksSupreme Court of Georgia · 1930
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