Clay v. Banks
Supreme Court of Georgia
Mortgage. Title. Cboses in Action. Merger. Equity. Liens. Before Judge Adams. Chatham Superior'Court. March Term, 1883. B. B. Eerrill, receiver, and Mrs. Louisa C. Banks filed their bill against G. A. Wilkins and Joseph Clay, alleging, in brief, as follows: Mrs. Banks filed her bill for alimony against her husband, Charles IT. Banks, and sought to have applied for that purpose a note and mortgage which her husband held against Wilkins.
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Mortgage. Title. Cboses in Action. Merger. Equity. Liens. Before Judge Adams. Chatham Superior'Court. March Term, 1883. B. B. Eerrill, receiver, and Mrs. Louisa C. Banks filed their bill against G. A. Wilkins and Joseph Clay, alleging, in brief, as follows: Mrs. Banks filed her bill for alimony against her husband, Charles IT. Banks, and sought to have applied for that purpose a note and mortgage which her husband held against Wilkins. Her husband had sold the property to Wilkins; at the time, there were certain incum - brances against it, and the agreement as to the purchase was that Wilkins…
1Opinion of the Court
Hall, Justice.
This immense record, covering one hundred and forty-eight printed pages, and out of which issued three separate hills of exceptions, makes but one controlling question, viz: whether the purchaser of land encumbered with a mortgage, which he agrees to extinguish, in order that one which he executes in favor of the vendor to secure the remainder of the purchase money may have priority, can afterwards, instead of satisfying the first mortgage, take an assignment of it to himself, and by pledging it to a third person, who had no notice of the contract with the vendor, as security…
2Cases cited4 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Carlton v. JacksonMassachusetts Supreme Judicial Court · 1877
- Dickason v. WilliamsMassachusetts Supreme Judicial Court · 1880
- Pratt v. Bank of BenningtonSupreme Court of Vermont · 1838
3Cited by20 opinions
- Walker v. NeilSupreme Court of Georgia · 1903
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
- Conway v. CaswellSupreme Court of Georgia · 1904
- Allen v. Elder & SonSupreme Court of Georgia · 1886
- Murray v. ChulakSupreme Court of Georgia · 1983
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