Peyton v. Lamar
Supreme Court of Georgia
Mortgages. Injunctions. Before Judge Cole. Bibb county. Chambers. March, 1871. Peyton’s bill made this case: In May, 1870, he loaned Neville $300 00, and took his note therefor, and borrowed for Neville other $700 00, and stood his security therefor. Neville was then publishing and conducting “ The Macon Daily Journal,” with Harrison and Ricks as his partners.
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Mortgages. Injunctions. Before Judge Cole. Bibb county. Chambers. March, 1871. Peyton’s bill made this case: In May, 1870, he loaned Neville $300 00, and took his note therefor, and borrowed for Neville other $700 00, and stood his security therefor. Neville was then publishing and conducting “ The Macon Daily Journal,” with Harrison and Ricks as his partners. Neville was trying to buy them out, and Peyton let him have said |300 00, and procured for him said $700 00 for that purpose, at the instance of one Doyle, who Peyton supposed was going to join Neville in that purchase. But Doyle had no…
1Opinion of the CourtMcCay, J.
We do not care to go into the question of the validity of this mortgage. Our Code in declaring what things may be mortgaged does not declare that other things may not be: Code, section 1944. Nor are we sure that, under the facts of this case, this mortgage is not within, at least, the equity of the last clause of the section we have referred to. Besides, the recognition of this mortgage by the parties after the property had fully come into their possession, would make it valid, even if there be doubts about its original validity. There might, perhaps, questions arise between Lamar and…
2Cited by4 opinions
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- Dodge v. Pyrolusite Manganese Co.Supreme Court of Georgia · 1882
- Scott v. JonesSupreme Court of Georgia · 1885