Richards & Brother v. Myers & Marcus
Supreme Court of Georgia
Mortgage. Judgments. Before Judge Snead. Mc-Duffie Superior Court. March Term, 1879. This was a money rule against the sheriff for the distribution of a fund in his hands. The facts were as follows: Myers & Marcus and others held judgments against Overton. Richards & Bro. and Pitts held unrecorded mortgages upon the goods which produced the fund, of older date than the judgments.
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Mortgage. Judgments. Before Judge Snead. Mc-Duffie Superior Court. March Term, 1879. This was a money rule against the sheriff for the distribution of a fund in his hands. The facts were as follows: Myers & Marcus and others held judgments against Overton. Richards & Bro. and Pitts held unrecorded mortgages upon the goods which produced the fund, of older date than the judgments. The mortgages, however, were foreclosed, and the execution on one of them levied before the judgments were obtained. The court ordered the money paid to the judgments, and the mortgagees excepted.
1Opinion of the Court
Bleckley, Justice.
By the Code, §1955, the time limited for recording a , mortgage so as to afford complete protection to the lien from and after its creation, is three months from the date ■of the instrument. Other sections declare the consequences of failure to record thus early ; section 1960 says “ the due record of a mortgage, though not made in the time prescribed, is notice from the time of record to all the world ;” and section 1957 postpones a mortgage of this class to “ all «other liens created or obtained” prior to the actual record, unless the younger lien is created by contract,…
2Cases cited2 opinions
- Butt v. MaddoxSupreme Court of Georgia · 1849
- Andrews v. MathewsSupreme Court of Georgia · 1877
3Cited by9 opinions
- Southern Iron & Equipment Co. v. VoylesSupreme Court of Georgia · 1912
- Cottrell & Sons v. Merchants & Mechanics BankSupreme Court of Georgia · 1892
- Morris v. WinklesSupreme Court of Georgia · 1892
- Saunders v. Citizens First National BankSupreme Court of Georgia · 1927
- Johnson v. GiraudSupreme Court of Georgia · 1941
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