Legal Opinion
A. D. L. Sales Co. v. Gailey
Court of Appeals of Georgia
Decided March 16, 1934No. 23669PublishedCited by 11 opinions
1Opinion of the CourtSutton, J.
1. The owner of a conditional bill of sale of personalty, on default by the vendee as to payments thereunder, may foreclose it in the same manner as chattel mortgages are now foreclosed in this State. Civil Code (1910), § 3298.
2. When an execution shall issue upon the foreclosure of a conditional bill of sale, the vendee or his special agent may file an affidavit of illegality to the execution, in which affidavit he may set up and avail himself of any defense which he might have set up, according to law, in an ordinary suit upon the demand secured by the conditional bill of sale, and which…
2Cases cited7 opinions
- McDaniel v. Mallary Bros. Machinery Co.Court of Appeals of Georgia · 1909
- Newman v. Claflin Co.Supreme Court of Georgia · 1899
- Morrow v. HansonSupreme Court of Georgia · 1851
- Springer v. Indianapolis Brewing Co.Supreme Court of Georgia · 1906
- Finance Co. of the South v. JonesCourt of Appeals of Georgia · 1924
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wood v. Hub Motor CompanyCourt of Appeals of Georgia · 1964
- Stuckey v. KahnCourt of Appeals of Georgia · 1976
- Bibb Manufacturing Co. v. SoutherCourt of Appeals of Georgia · 1936
- Vanguard Properties Development Corp. v. MurphyCourt of Appeals of Georgia · 1975
- Citizens & Southern National Bank v. WilliamsCourt of Appeals of Georgia · 1978
6 more not listed; retrieve them via the Exa API.