Calloway v. People's Bank
Supreme Court of Georgia
Mortgages. Powers. Judicial sale. Debtor and creditor. Fraud. Before Judge Hill. Bibb county. At Chambers. April 29th, 1875. The People’s Bank of Bellefontaine, and other creditors of one A. L. Maxwell, filed their bill against Joseph Calloway, as executor of Thomas H. Calloway, deceased, making substantially the following case: At the April and October terms, 1873, of Bibb superior court, the complainants obtained judgments against said A. L. Maxwell for about $10,000 00.…
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Mortgages. Powers. Judicial sale. Debtor and creditor. Fraud. Before Judge Hill. Bibb county. At Chambers. April 29th, 1875. The People’s Bank of Bellefontaine, and other creditors of one A. L. Maxwell, filed their bill against Joseph Calloway, as executor of Thomas H. Calloway, deceased, making substantially the following case: At the April and October terms, 1873, of Bibb superior court, the complainants obtained judgments against said A. L. Maxwell for about $10,000 00. Said Maxwell then owned lands and personalty in the counties of Bibb, Jones and Twiggs, the former of the value of…
1Opinion of the Court
McCay, Judge.
1. The decisions of this court in 1 Kelly, 176; 21 Georgia, 408 ; 35 Ibid., 344; 7 Ibid,, 184, and the provision of the Code, section 1954, whilst they all are to the effect that a mortgage in this state conveys no title, no estate, yet they, none of them, go to the extent that the mortgagee has no interest in the thing mortgaged. Indeed, there is nothing -in these decisions as to the nature of a mortgage, except, perhaps, as to the remedy of the mortgagee, that is different-from the views of courts of equity in England, as to the nature of a mortgage. In Addison on Contracts,…
2Cited by17 opinions
- Wilkins v. McGeheeSupreme Court of Georgia · 1891
- Plainville Brick Co. v. WilliamsSupreme Court of Georgia · 1930
- First National Bank v. Bell Silver & Copper Mining Co.Montana Supreme Court · 1888
- Mutual Loan & Banking Co. v. HaasSupreme Court of Georgia · 1897
- Gilmore v. GilmoreSupreme Court of Georgia · 1947
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