Bank of Manchester v. Birmingham Trust & Savings Co.
Supreme Court of Georgia
Claim. Before Judge Roop. Meriwether superior court. November 28, 1922. On May 4,1914, Samuel Lovejoy executed a security deed under the provisions of the Civil Code (1910), §§ 3306 et seq., conveying described realty to the Standard Home Company, as security for a loan. While the security deed was outstanding a judgment was obtained against Samuel Lovejoy by the Georgia Real Estate Loan and Trust Company, dated February 3, 1919, in the city court of Greenville.
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Claim. Before Judge Roop. Meriwether superior court. November 28, 1922. On May 4,1914, Samuel Lovejoy executed a security deed under the provisions of the Civil Code (1910), §§ 3306 et seq., conveying described realty to the Standard Home Company, as security for a loan. While the security deed was outstanding a judgment was obtained against Samuel Lovejoy by the Georgia Real Estate Loan and Trust Company, dated February 3, 1919, in the city court of Greenville. A fi. fa. issued upon the judgment was levied on the same land that was conveyed by the security deed, as the property of Samuel…
1Opinion of the CourtAtkinson, J.
1. In one ground, of the motion for new trial complaint is made of the admission of a carbon copy of a letter, over the objections: (a) It was not signed by any one. (b) Sufficient proof of loss of the original had not been adduced to authorize the introduction of secondary evidence, (c) It was not shown that the original letter was properly stamped, addressed, and mailed to the person to whom it was written. Considering this ground of the motion for new trial in connection with certain admissions made in open court as to the loss of the original, and other evidence as to the authorship of…
2Cases cited3 opinions
- Atlanta, Knoxville & Northern Railway Co. v. McKinneySupreme Court of Georgia · 1906
- Patterson v. BurnsSupreme Court of Georgia · 1920
- Thomasson v. DriskellSupreme Court of Georgia · 1853
3Cited by4 opinions
- Citizens & Southern Bank v. FarrSupreme Court of Georgia · 1927
- Myers v. WrightSupreme Court of Georgia · 1924
- Rice v. StateCourt of Appeals of Georgia · 1986
- Mitchell v. United StatesSupreme Court of Georgia · 1958