Smith v. Camp
Supreme Court of Georgia
Mortgages. Probate. Evidence. Levy. Yerdict. Accounts. Payment. Presumptions. Practice. Estoppel. Before Judge Milner. Gordon superior court.
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Mortgages. Probate. Evidence. Levy. Yerdict. Accounts. Payment. Presumptions. Practice. Estoppel. Before Judge Milner. Gordon superior court. February term, 1889. John M. Smith gave to Camp & Beynolds a mortgage to secure two promissory notes, one dated May 28,1887, and due November 1, 1887, for $75, with interest from date; the other of the same date, due November 10, 1887, for $50, with interest from date at the same rate, and both including 10 per cent, attorneys’ fees in case of suit. The mortgage was upon the following property : <‘My entire crop of corn and cotton consisting of twelve…
1Opinion of the Court
Bleckley, Chief Justice.
1. That the mortgage was not duly probated so as to prepare it for admission to record, was no objection to its validity as between the parties. It had two subscribing witnesses, and one of them proved, by his testimony given at the trial, the execution and delivery of the mortgage. Being thus proved, it matters not how defectively it was attested. Gardner v. Moore, 51 Ga. 268; Nichols v. Hampton, 46 Ga. 253; Marable v. Mayer, 78 Ga. 60.
2. The variance in the description of the property as set forth in the mortgage and the levy, was not a good ground of illegality to…
2Cases cited5 opinions
- Nichols v. HamptonSupreme Court of Georgia · 1872
- Cohen v. BroughtonSupreme Court of Georgia · 1875
- Gardner, Dexter & Co. v. Moore, Trimble & Co.Supreme Court of Georgia · 1874
- Joseph Scolly & Co. v. ButlerSupreme Court of Georgia · 1877
- Marable v. Mayer, Son & Co.Supreme Court of Georgia · 1886
3Cited by14 opinions
- Walden v. WaldenSupreme Court of Georgia · 1907
- Osborne v. RiceSupreme Court of Georgia · 1899
- Bank of Ringgold v. West Publishing Co.Court of Appeals of Georgia · 1939
- Thompson v. FainSupreme Court of Georgia · 1913
- Stroud v. HancockSupreme Court of Georgia · 1902
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