Shepherd v. Burkhalter
Supreme Court of Georgia
Claim, in Marion Superior Court. Motion for a new trial. Decided by Judge Iverson. February Term, 1858. On tbe 2d day of November, 1840, Francis M. Collins made and executed a deed of mortgage to Burton W. Dowd and William Wells, in and to certain land lying in Marion, (now Taylor County.) In February, 1841, the mortgage was recorded by the Clerk of the Superior Court of Marion County, who at the time was Burton W. Dowd, one of the mortgagees, except that the Clerk omitted…
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Claim, in Marion Superior Court. Motion for a new trial. Decided by Judge Iverson. February Term, 1858. On tbe 2d day of November, 1840, Francis M. Collins made and executed a deed of mortgage to Burton W. Dowd and William Wells, in and to certain land lying in Marion, (now Taylor County.) In February, 1841, the mortgage was recorded by the Clerk of the Superior Court of Marion County, who at the time was Burton W. Dowd, one of the mortgagees, except that the Clerk omitted to place the name and signature of the mortgagor upon the record. On the original mortgage was endorsed the following…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
This is a contest between a purchaser, claiming land by virtue of a Sheriff’s sale, under certain Common Law fi. fas. and the plaintiffs in a mortgage fi. fa. issued against the same land, and it involves a question of priority of lien.
The date of the mortgage is prior to that of the fi. fas. but the claimant insists that it was not recorded within the time prescribed by law, nor foreclosed before the Common Law judgments against the mortgagor were obtained, and that the latter consequently gains a preference.
To this it is objected, that the…
2Cases cited2 opinions
- Guerrant v. AndersonCourt of Appeals of Virginia · 1826
- Mauro v. RitchieU.S. Circuit Court for the District of District of Columbia · 1827
3Cited by19 opinions
- Grace v. Wade & MainsTexas Supreme Court · 1876
- Gilchrist v. GoughIndiana Supreme Court · 1878
- Pringle v. DunnWisconsin Supreme Court · 1875
- Wallace & Co. v. CampbellTexas Supreme Court · 1880
- Massey v. HubbardSupreme Court of Florida · 1882
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