McBride v. Gibbs
Supreme Court of Georgia
Equitable petition. Before Judge Graham. Montgomery superior court. November 12, 1917. • On May 26, 1914, H. J. Gibbs executed a mortgage on described realty to E. T. McBride “to secure a debt of $898 principal, besides interest,” and the mortgage was duly recorded two days after the date of its execution. In May, August, and September of the same year, "general judgments for stated amounts were obtained against H. J. Gibbs by other creditors..
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Equitable petition. Before Judge Graham. Montgomery superior court. November 12, 1917. • On May 26, 1914, H. J. Gibbs executed a mortgage on described realty to E. T. McBride “to secure a debt of $898 principal, besides interest,” and the mortgage was duly recorded two days after the date of its execution. In May, August, and September of the same year, "general judgments for stated amounts were obtained against H. J. Gibbs by other creditors.. The mortgage contained a waiver of homestead exemption and the several judgments were ■based on notes containing ■ similar waivers. On his voluntary…
1Opinion of the Court
Atkinson, <1.
(After stating the foregoing facts.)
1. In this State mortgages and attachments are liens on specific property from their dates (Civil Code, §§ 3256, 5124), and general judgments are liens from their dates on all property of the defendant. (Civil Code, § 5946.) A discharge in bankruptcy under section 17 (a) of the bankruptcy act of 1898 as amended, with specified exceptions, operates upon all provable debts as defined in section 63 (a) of the act. Included among provable debts as there defined is “a fixed liability as evidenced by a judgment or other instrument in writing…
2Cases cited17 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Bell v. Dawson Grocery Co.Supreme Court of Georgia · 1904
- McKenney v. CheneySupreme Court of Georgia · 1903
- Evans v. Rounsaville & BrotherSupreme Court of Georgia · 1902
- Bush v. LesterSupreme Court of Georgia · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Coker v. UtterSupreme Court of Georgia · 1921
- Lyon v. HerbothWashington Supreme Court · 1925
- Brown Et Ux. v. Cleverly Et Ux.Utah Supreme Court · 1937
- Equitable Credit Co. v. MillerSupreme Court of Georgia · 1927
- Rosenthal v. LangleySupreme Court of Georgia · 1935
17 more not listed; retrieve them via the Exa API.