Legal Opinion

Hanesley v. Council

Supreme Court of Georgia

Decided May 17, 1917Published

Exceptions to auditor’s report. Before Judge Littlejohn. Sumter superior court. July 28, 1916.

1Opinion of the CourtGilbert, J.

1. The vendor in a conditional sale, having reserved title to the property sold, the bill of sale being duly recorded, where the conditions of the sale have not been fulfilled so as to pass title to the vendee, may assert his title as against the purchaser, of the property at a sale under the foreclosure of a mortgage executed by the vendee to a third person. Myrick v. Liquid Carbonic Co., 137 Ga. 154 (73 S. E. 7, 38 L. R. A. (N. S.) 554).

2. The rule prescribed in Welsh v. Lewis, 71 Ga. 387, and Cincinnati Cordage & Paper Co. v. Dodson Printers’ Supply Co., 131 Ga. 516 (62 S. E. 810), cited…

2Cases cited3 opinions

  1. Welsh v. Lewis & SonSupreme Court of Georgia · 1883
  2. Myrick v. Liquid Carbonic Co.Supreme Court of Georgia · 1911
  3. Cincinnati Cordage & Paper Co. v. Dodson Printers Supply Co.Supreme Court of Georgia · 1908

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