McCall v. Walter
Supreme Court of Georgia
Mortgage. Contracts. Attorney and Client. Practice in Supreme Court. Sheriff. Before Judge ITansell. Brooks Superior Court. May Term, 1883. Walter brought a rule against the sheriff to distribute a fund in his hands.
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Mortgage. Contracts. Attorney and Client. Practice in Supreme Court. Sheriff. Before Judge ITansell. Brooks Superior Court. May Term, 1883. Walter brought a rule against the sheriff to distribute a fund in his hands. The sheriff answered that there were various claimants of the fund, and these were set out in the answer; he stated the costs incurred, and prayed that the various contestants be made parties and their rights determined, and that he shouid be discharged “ with his costs and expenses.” Several levies had been made on the property before sale, but by agreement the property was…
1Opinion of the Court
Hall, Justice.
The mortgage from Davidson to Walter conveys to the latter, as security for his claim, “all that certain stock of goods, consisting of dry-goods, groceries, boots, shoes, hats, caps, hardware, notions, and all such other articles as are usually kept in a first-class country store, and all fixtures and utensils in said store belonging to the mortgagor.” When the mortgage was foreclosed and the property mortgaged was brought to sale under a fi.fa. upon the judgment of foreclosure, among other things thus sold were an iron safe, the show-cases, platform scales, the trucks, copying…
2Cases cited3 opinions
- Clayton & Webb v. MaySupreme Court of Georgia · 1881
- Rodgers v. HamiltonSupreme Court of Georgia · 1872
- Wing v. TompkinsSupreme Court of Georgia · 1878
3Cited by18 opinions
- Wolff v. SampsonSupreme Court of Georgia · 1905
- McCall v. HerringSupreme Court of Georgia · 1902
- Hawkins v. Mayor of AmericusSupreme Court of Georgia · 1898
- Cottle v. Harrold, Johnson & Co.Supreme Court of Georgia · 1884
- Consolidated Warehouse Co. v. SmithCourt of Appeals of Georgia · 1937
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