Dixon v. Pierce
Court of Appeals of Georgia
Cértiorari; Horn Wilkinson superior court—Judge Park. October 12, 1917. Dixon foreclosed a chattel mortgage given him by R. L. Stanley, and had it levied on a cow and some hogs. The property was claimed by E. W. Pierce. The'jury in the justice’s court found in favor of the claimant, and a judgment was entered finding the property not subject.
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Cértiorari; Horn Wilkinson superior court—Judge Park. October 12, 1917. Dixon foreclosed a chattel mortgage given him by R. L. Stanley, and had it levied on a cow and some hogs. The property was claimed by E. W. Pierce. The'jury in the justice’s court found in favor of the claimant, and a judgment was entered finding the property not subject. The ease wás-taken to the superior court by certiorari, and the judge of that court, by an order reciting that the evidence was undisputed, rendered a final judgment, holding that a sow in controversy was subject to the mortgage execution, and that the…
1Opinion of the CourtHarwell, J.
The material facts in this case are undisputed, and are substantially as follows: The sow levied on under the mortgage fi. fa. was included in the mortgage. The other animals levied on are not included in the mortgage, but are the increase *292of animals included in the mortgage. The debt which the mortgage was given to secure has not been paid. The claimant purchased the property after it had been levied on, and with notice of the mortgage-. The sow, being embraced in the mortgage, is subject to the levy, and the claimant has no title thereto as against the lien of the mortgage. The main…
2Cases cited5 opinions
- Johnson v. StevensCourt of Appeals of Georgia · 1917
- Shoobert v. De MottaCalifornia Supreme Court · 1896
- Demers v. GrahamMontana Supreme Court · 1907
- Bivins v. MarvinSupreme Court of Georgia · 1895
- Anderson & Conley v. LeveretteSupreme Court of Georgia · 1902
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