Woodside v. Lippold
Supreme Court of Georgia
Equitable petition. Before Judge Lumpkin.' Pulton superior court. January 18, 1901. On February 26, 1892, Mrs. Yenable, to secure a loan of $10,-000, executed to the American Trust and Banking Company a mortgage on certain described realty. To secure a loan of $2,000, she, on the following day, executed a mortgage on the same property to Skinner, who transferred it to the American Trust and Banking Company. These mortgages were duly recorded.
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Equitable petition. Before Judge Lumpkin.' Pulton superior court. January 18, 1901. On February 26, 1892, Mrs. Yenable, to secure a loan of $10,-000, executed to the American Trust and Banking Company a mortgage on certain described realty. To secure a loan of $2,000, she, on the following day, executed a mortgage on the same property to Skinner, who transferred it to the American Trust and Banking Company. These mortgages were duly recorded. On December 26, 1893, she executed a mortgage to the Empire State Bank on the same property, to secure a debt of $1,592, which mortgage was transferred…
1Opinion of the CourtFish, J.
This case turns upon the question whether, under the facts stated, equity will restore the liens of the mortgages cancelled by the American Trust and Banking Company to their original priority over the mortgage held by Lippold. Under the view we take of the matter, it is unnecessary to determine whether, according to the equitable doctrine relating to merger, the liens of the mortgages held by the banking company were merged in the title when Mrs. Venable conveyed the premises to the company, or were extinguished by the settlement of the mortgage debt in that transaction ; for, in our…
2Cases cited3 opinions
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Campbell v. CarterIllinois Supreme Court · 1853
- Weidner v. ThompsonSupreme Court of Iowa · 1886
3Cited by19 opinions
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
- Martin v. HickenlooperUtah Supreme Court · 1936
- Farkas v. Third National BankSupreme Court of Georgia · 1910
- Ragan v. Standard Scale Co.Supreme Court of Georgia · 1907
- Bank of Tupelo v. CollierSupreme Court of Georgia · 1941
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