Emerson v. Knight
Supreme Court of Georgia
Claim. Before Judge Felton. Bibb superior court. December 19, 1906. This ease arose upon the interposition of a claim by Emerson to the levy of a mortgage fi. fa. in favor of R. L. Knight for the use of Leona Mathews, formerly Leona Kimbrell, and Walter Kimbrell, against Nisbet, administrator of J. T. Knight, deceased.
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Claim. Before Judge Felton. Bibb superior court. December 19, 1906. This ease arose upon the interposition of a claim by Emerson to the levy of a mortgage fi. fa. in favor of R. L. Knight for the use of Leona Mathews, formerly Leona Kimbrell, and Walter Kimbrell, against Nisbet, administrator of J. T. Knight, deceased. The facts developed upon the trial of the case were briefly as follows: On March 17, 1899, J. T. Knight, principal, and R. L. Knight, security, executed and delivered to the ordinary of Bibb county an administrator’s bond, the conditions of which were that the said J. T. Knight…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. The court below did not err in directing the verdict complained of in the motion for a new trial, and upon the direction of which error is assigned in the bill of exceptions. There was no issue of fact to submit to the jury. The mortgage upon which the fi. fa. was issued, as against which the claim was interposed, was a good and valid mortgage against the mortgagor. The essentials of a mortgage are prescribed in the Civil Code. (§2724) as follows: “It must clearly indicate the creation of a lien, specify the debt to secure which it is given, and the property upon…
2Cases cited5 opinions
- Jones v. Guaranty & Indemnity Co.Supreme Court of the United States · 1880
- Bowen v. RatcliffIndiana Supreme Court · 1895
- Hester v. GairdnerSupreme Court of Georgia · 1907
- Moses v. HatfieldSupreme Court of South Carolina · 1887
- Sutton v. SuttonSupreme Court of Georgia · 1858
3Cited by9 opinions
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- Moultrie Banking Co. v. MobleySupreme Court of Georgia · 1930
- Wiggins v. First Mutual Building & Loan Ass'nSupreme Court of Georgia · 1934
- American Insurance v. Peebles & Co.Court of Appeals of Georgia · 1909
- Arnold v. BoothCourt of Appeals of Georgia · 1919
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