Legal Opinion

Smith v. Bowne

Supreme Court of Georgia

Decided January 15, 1878PublishedCited by 7 opinions

Equity. Mortgage. Levy and sale. Before Judge "Wright. Decatur Superior Court. November Term, 1877. Smith et al. filed their bill against Bowne etat., making, in substance, the case presented by the head-note, and praying that the land be resold under the mortgage lien, and the proceeds be appropriated to the satisfaction of the notes held by them, and the balance paid to the purchasers at the prior sale under the common law execution.

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Equity. Mortgage. Levy and sale. Before Judge "Wright. Decatur Superior Court. November Term, 1877. Smith et al. filed their bill against Bowne etat., making, in substance, the case presented by the head-note, and praying that the land be resold under the mortgage lien, and the proceeds be appropriated to the satisfaction of the notes held by them, and the balance paid to the purchasers at the prior sale under the common law execution. The case was submitted to the chancellor without the intervention of a jury, who decreed that the sale already had divested the lien of the mortgage as to all…

1Opinion of the Court

Bleckley, Judge.

This is a case of which no perfectly satisfactory disposition can be made. The superior court did with it the best that was possible, and we leave the judgment to stand. All who were interested in the mortgage should have been vigilant in watching their security. When proceedings were commenced to foreclose the mortgage, they should have come forward and had themselves made parties. Not to do so was laches, and they must abide the consequences. Their due share of the fund, produced by a sale of the property under the general judgment, may be reached by this proceeding in…

2Cases cited3 opinions

  1. Green v. HartNew York Supreme Court · 1806
  2. Harwell v. FittsSupreme Court of Georgia · 1856
  3. Wilson v. HaywardSupreme Court of Florida · 1848

3Cited by7 opinions

  1. Domeyer v. O'ConnellIllinois Supreme Court · 1936
  2. Irons v. American National BankSupreme Court of Georgia · 1933
  3. Berrie v. SmithSupreme Court of Georgia · 1896
  4. Willingham & Cone v. HugueninSupreme Court of Georgia · 1908
  5. Baker & Hall v. GladdenSupreme Court of Georgia · 1884

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