Johnson v. McKay
Supreme Court of Georgia
Levy and claim. Before Judge Lewis. Jones superior court. July 11, 1904. On October 1, 1895, Mrs. Julia McKay executed a mortgage to J. C. Johnson on several tracts of laud in Jones county. Among the property thus mortgaged was “ all that tract of land in Jones county, Georgia, containing 153 acres, known as the Zachariah Emerson place, part of lot No. 125 in the 11th district, and part of No. not known.”
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Levy and claim. Before Judge Lewis. Jones superior court. July 11, 1904. On October 1, 1895, Mrs. Julia McKay executed a mortgage to J. C. Johnson on several tracts of laud in Jones county. Among the property thus mortgaged was “ all that tract of land in Jones county, Georgia, containing 153 acres, known as the Zachariah Emerson place, part of lot No. 125 in the 11th district, and part of No. not known.” Also, “the Thomas Bazemore place, containing 196 acres more or less, joining the land of Sarah Emerson, Elisha Owens, Madison Bazemore, and H. I). McKay.” The execution and levy followed the…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) The mortgage of 1895 described the property as in the deeds of 1848 and 1854. Neither of these deeds gave corners, courses, lines, or distances. One did not name the adjoining landowners, and the other gave the coterminous proprietors as they existed in 1848. Naturally in half a century there had been- great and radical changes in this regard. And while the descriptions in neither the deeds nor the mortgage were void, as ruled when the case was here before (119 Ga. 196), yet it was necessary to resort to extrinsic evidence to show that the land levied on…
2Cases cited1 opinion
- Johnson v. McKaySupreme Court of Georgia · 1903
3Cited by1 opinion
- Marshall v. WhatleySupreme Court of Georgia · 1911