Denham v. Williams
Supreme Court of Georgia
Claim. Motion for new trial. Decided by Judge Clark. Baker Superior Court. November Term, 1869. George P. Carmichael made to J. J. Williams, of Tennessee, a mortgage, beginning, “ This Indenture, made and entered into this twenty-third day of July, 1S06, between,” etc., and was upon “ the cotton crop and corn now growing on the plantation of said Carmichael, in said county of Mitchell, and supposed to be fifty bales of cotton, and two thousand bushels of corn, more or less,”…
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Claim. Motion for new trial. Decided by Judge Clark. Baker Superior Court. November Term, 1869. George P. Carmichael made to J. J. Williams, of Tennessee, a mortgage, beginning, “ This Indenture, made and entered into this twenty-third day of July, 1S06, between,” etc., and was upon “ the cotton crop and corn now growing on the plantation of said Carmichael, in said county of Mitchell, and supposed to be fifty bales of cotton, and two thousand bushels of corn, more or less,” to secure Carmichaels note to Williams for $>2,644, dated the 14th of May, 1866, and due one day thereafter. It was…
1Opinion of the CourtBrown, C. J.
1. The recital in the affidavit of the attorney in this case, that he was, with his partner, the attorney of the mortgagee, is sufficient compliance with section 3895 of the Code, and the exception to the affidavit was properly overruled.
2. On the 24th day of October, 1866, a Justice of the Inferior Court had authority to administer an oath to foreclose a mortgage on personal property, and on the 29th day of the same month the Judge of the County-Court had authority to issue the order of foreclosure. Such an order of foreclosure issued by the Judge of the County-Court of Mitchell county, upon…
2Cited by8 opinions
- Lewis v. United StatesSupreme Court of the United States · 1876
- C. Gotzian & Co. v. ShakmanWisconsin Supreme Court · 1894
- Nannis Terpening & Associates, Inc. v. Mark Smith Construction Co.Court of Appeals of Georgia · 1984
- Moncrief Furnace Co. v. Northwest Atlanta BankSupreme Court of Georgia · 1942
- Drexler v. Commercial Savings BankCourt of Appeals for the Eighth Circuit · 1925
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