Cade v. Jenkins
Supreme Court of Georgia
Attachment for purchase money. Promissory notes. Transfer without recourse. Before Judge Martin. Muscogee superior court.
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Attachment for purchase money. Promissory notes. Transfer without recourse. Before Judge Martin. Muscogee superior court. May term, 1891. The attachment case of Jenkins against Cade coming-on for hearing, Cade moved to quash and dismiss the attachment, upon the ground that it was sued out for the purchase money of a certain described engine and boiler, etc., purchased of the Ames Iron Works, and the notes given therefor had been transferred to Jenkins without recourse, as appeared by the attachment and declaration; and that the remedy of attachment did not exist in favor of plaintiff, he…
1Opinion of the Court
Lumpkin, Justice.
1. Where a vendor of land takes notes for the purchase money, securing their payment by reservation of title in himself, which notes he afterwards transfers without recourse and without any transfer of the reserved title to a third party, this operates as a payment of the purchase money, the vendee’s equity becomes complete, and the vendor ceases to hold any interest in the land. Tompkins v. Williams, 19 Ga. 569; McGregor v. Matthis, 32 Ga. 417; Neal v. Murphey, 60 Ga. 389; Carhart v. Reviere, 78 Ga. 173. In such event, the debt evidenced by note loses its quality as a…
2Cases cited12 opinions
- Sutton v. GunnSupreme Court of Georgia · 1891
- First National Bank v. Hartman Steel Co.Supreme Court of Georgia · 1891
- Farrar v. BrackettSupreme Court of Georgia · 1890
- Stanford v. ConnerySupreme Court of Georgia · 1890
- Camp v. CahnSupreme Court of Georgia · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Carter v. JohnsonSupreme Court of Georgia · 1923
- Rhodes & Son Furniture Co. v. JenkinsCourt of Appeals of Georgia · 1907
- Henry v. McAllisterSupreme Court of Georgia · 1894
- Patterson Co. v. Peoples Loan & Savings Co.Supreme Court of Georgia · 1924
- Hunt v. New England Mortgage Security Co.Supreme Court of Georgia · 1893
11 more not listed; retrieve them via the Exa API.