Johnston v. Crawley
Supreme Court of Georgia
Claim, from Morgan Superior Court. Tried before Judge Hardeman, at March Term, 1857. At March Term, 1856, of the Superior Court of Morgan county, Robert Crawley foreclosed a mortgage which he held upon the Madison Steam Mills. This mortgage was dated twenty-fifth April, eighteen hundred and fifty five, and the judgment of foreclosure was entered sixth of-March, eighteen hundred and fifty-six.
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Claim, from Morgan Superior Court. Tried before Judge Hardeman, at March Term, 1857. At March Term, 1856, of the Superior Court of Morgan county, Robert Crawley foreclosed a mortgage which he held upon the Madison Steam Mills. This mortgage was dated twenty-fifth April, eighteen hundred and fifty five, and the judgment of foreclosure was entered sixth of-March, eighteen hundred and fifty-six. On the fifteenth of March, eighteen hundred and fifty-six, fi.fa. on said judgment was issued, and levied, by the Sheriff’of said county, upon the property, on the twenty-fourth of April, in the same…
1Opinion of the Court
By the Court.
Benning, J.
delivering the' opinion.
Ought the motion for a non-suit to have been granted ?
Did the evidence show that the defendant in fi.fa. had the title at the date of the mortgage? or, that he had the possession at the date of the levy? or, that any one claiming under him by title passing from him after the date of the mortgage, had the possession at the date of the levy? If the evidence showed any one of these things, it is indisputable that the non-suit ought not to have been granted.
The evidence showed the last, if not the first of these things. The evidence showed this —…
2Cited by5 opinions
- Osborne v. RiceSupreme Court of Georgia · 1899
- Simmons Hardware Co. v. TimmonsSupreme Court of Georgia · 1935
- Hathaway v. East Tennessee, V. & G. R. R.U.S. Circuit Court for the Southern District of Georgia · 1886
- Mercier v. MercierSupreme Court of Georgia · 1871
- Franklin, Reid & Co. v. NortonSupreme Court of Georgia · 1873