Stephens v. Tucker

Jackson, Judge.

This case was here before. It will be found reported in 55 Ga. 543. There we held that the instrument foreclosed was a mortgage, and as a mortgage, that it was properly foreclosed; and we reversed the court below because the levy was dismissed on the ground that the paper was not a mortgage. It was a mortgage upon six bales of a growing crop, to be packed and hooped in a certain way, and delivered at a certain place. "We held that if any six certain bales could be identified by parol evidence as the six mortgaged, that the description would do. The cotton was m posse, not m…