A. S. Thomas Furniture Co. v. T. & C. Furniture Co.
Supreme Court of Georgia
Trover. Before Judge Calhoun. City court of Atlanta. October 26, 1903. The A. S. Thomas Furniture Company sold to W. W. Carr certain furniture under a conditional bill of sale as follows: “I have this day purchased of the A. S. Thomas Furniture Company 1 dresser, 1 bed, 1 w. stand, 1 c. table, 4 chairs, 1 rocker, 1 spring, 1 mattress, 2 lamps, at the price of $69, to be paid for in instalments of one dollar a week, the title to which property is to remain in the said A. S.…
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Trover. Before Judge Calhoun. City court of Atlanta. October 26, 1903. The A. S. Thomas Furniture Company sold to W. W. Carr certain furniture under a conditional bill of sale as follows: “I have this day purchased of the A. S. Thomas Furniture Company 1 dresser, 1 bed, 1 w. stand, 1 c. table, 4 chairs, 1 rocker, 1 spring, 1 mattress, 2 lamps, at the price of $69, to be paid for in instalments of one dollar a week, the title to which property is to remain in the said A. S. Thomas Furniture Company until paid for. Said goods not to be moved from the city [Atlanta] without the written consent…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) A mortgage or a conditional bill of sale “must specify the property upon which it-is to take effect.” Civil'Code, §-2724. Both the rights of the parties and the interest of subsequent purchasers require that the description shall not rest in parol, but that the instrument shall point out the property conveyed. And yet the application of this rule is by no means free from difficulty. Land can be so described as to enable a surveyor to locate it merely by following the metes and bounds set out in the mortgage, and yet an incomplete description of land may be…
2Cited by51 opinions
- Bennett v. GreenSupreme Court of Georgia · 1923
- Charles v. Valdosta Foundry & Machine Co.Court of Appeals of Georgia · 1908
- Reynolds v. Tifton Guano Co.Court of Appeals of Georgia · 1917
- Beaty v. SearsSupreme Court of Georgia · 1909
- Yancey Brothers Co. v. Dehco, Inc.Court of Appeals of Georgia · 1964
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