Continental Fertilizer Co. v. Madden
Supreme Court of Georgia
Money rule. Before Judge Daniel. Pike superior court. February 10, 1912. j. J. Hudgins foreclosed against A. H. & J. C. Hudgins, as a firm, by affidavit, a mortgage on certain cotton raised on two plantatipns. The execution was levied and the property sold. The plaintiff in fi. fa. brought a rule against the sheriff to require him to pay over the fund.
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Money rule. Before Judge Daniel. Pike superior court. February 10, 1912. j. J. Hudgins foreclosed against A. H. & J. C. Hudgins, as a firm, by affidavit, a mortgage on certain cotton raised on two plantatipns. The execution was levied and the property sold. The plaintiff in fi. fa. brought a rule against the sheriff to require him to pay over the fund. After the rule was brought, J. J. Hudgins assigned the mortgage fi. fa. to the Continental Fertilizer Company, and an order was taken substituting it as the movant. Several other contestants for the fund intervened. One held an execution…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The evidence was sufficient to warrant the finding that the mortgage under the foreclosure of which the fund arose was given as a part of an arrangement to suppress a criminal prosecution which had been begun by the transferee of it, and that it was not supported by a legal consideration. Penal Code, §§ 328, 329; Civil Code, § 4491; Southern Express Co. v. Duffey, 48 Ga. 358; Godwin v. Crowell, 56 Ga. 566; Wheaton v. Ansley, 71 Ga. 35; Jones v. Dannenberg Co., 112 Ga. 426 (37 S. E. 729, 52 L. R. A. 271).
It was urged that where a fund is brought into court…
2Cases cited4 opinions
- Jones v. Dannenberg Co.Supreme Court of Georgia · 1900
- Southern Express Co. v. DufreySupreme Court of Georgia · 1873
- Godwin v. CrowellSupreme Court of Georgia · 1876
- Wheaton v. AnsleySupreme Court of Georgia · 1883
3Cited by5 opinions
- Carter v. Marble Products Inc.Supreme Court of Georgia · 1934
- Alsabrook v. Prudential InsuranceSupreme Court of Georgia · 1932
- Peters v. AdcockSupreme Court of Georgia · 1943
- Holbrook v. StewartCourt of Appeals of Georgia · 1937
- Bleckley v. RobertsonSupreme Court of Georgia · 1942