Gardner, Dexter & Co. v. Moore, Trimble & Co.
Supreme Court of Georgia
Mortgage. Before Judge James Johnson. Talbot Superior Court. September Term, 1873. This case arose- upon a rule against the sheriff of Talbot county, at the instance of Moore, Trimble & Company, requiring him to show cause why he did not pay over to a mortgage execution in their favor, certain funds then in his hands, realized from the sale of the mortgaged property.
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Mortgage. Before Judge James Johnson. Talbot Superior Court. September Term, 1873. This case arose- upon a rule against the sheriff of Talbot county, at the instance of Moore, Trimble & Company, requiring him to show cause why he did not pay over to a mortgage execution in their favor, certain funds then in his hands, realized from the sale of the mortgaged property. Amongst other causes, the sheriff set up the fact that he liad in his hands an execution based on a mortgage of older date on the same property, in favor of Gardner, Dexter & Company. It was replied that' the mortgage of Gardner,…
1Opinion of the Court
McCay, Judge.
Section 1954 of the Code does say, “It (a mortgage of real estate) must be attested by two witnesses, and it must be recorded,” etc. But sections .1957 and 1959, part of the same chapter and the work of the same hand, contemplates that a mortgage not duly recorded, “or without due attestation,” may be good except as against bona fide purchasers without notice or subsequent liens not created by contract. And this was undoubtedly the law before the Code. In 17 Georgia, 295, this court held that a deed with but one witness was not void, notwithstanding the acts of 1760 and 1785 had…
2Cited by23 opinions
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- Clark v. NewsomeSupreme Court of Georgia · 1935
- King v. SearsSupreme Court of Georgia · 1893
- Budget Charge Accounts, Inc. v. PetersSupreme Court of Georgia · 1957
- Donalson v. ThomasonSupreme Court of Georgia · 1912
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