Hamilton v. State
Supreme Court of Georgia
Indictment for fraudulently selling personal property after giving a mortgage thereon. Before Judge Henry. Catoosa superior court. February term, 1894.
1Opinion of the Court
Simmons, Justice.
Section 4600 of the code prohibits a mortgagor of personal property from selling or otherwise disposing of the same without the consent of the mortgagee and with intent to defraud him. Nnder this section the accused was indicted, the indictment alleging, in substance, that on the 10th of May, 1892, she executed and delivered to Alexander a mortgage on her growing crop to secure the payment of a certain amount of money which she owed him, which would become due on the 15th day of October, 1892; and that on the first day of November, 1892, she sold and disposed of the mortgaged…
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