Legal Opinion

Wood v. Evans

Supreme Court of Georgia

Decided May 19, 1896PublishedCited by 6 opinions

Levy and claim. Before Judge Milner. Whitfield superior court. April term, 1895.

1Opinion of the Court

Lumpkin, Justice.

An execution issued upon the foreclosure of a mortgage in favor of Wood against Gunter was levied upon the mortgaged property, the same being a mule, which was claimed by Evans. Upon the trial of the case, it appeared that the mule had been sold and delivered by one Morris to Gunter, who gave to Morris his promissory note for the price of the mule, with Evans as surety thereon. There was a cotemporaneous parol agreement between Evans and Gunter, that the title to the mule should be in Evans until the note was paid. Evans paid the note to Morris, and was never reimbursed, in…

2Cited by6 opinions

  1. Sheppard v. City of JacksonCourt of Appeals of Georgia · 1912
  2. Flemming v. DrakeSupreme Court of Georgia · 1927
  3. Sanders v. City of ColumbusCourt of Appeals of Georgia · 1976
  4. Refrigeration-Appliances, Inc. v. Atlanta Provision Co.Court of Appeals of Georgia · 1954
  5. Zayre of Georgia, Inc. v. City of AtlantaDistrict Court, N.D. Georgia · 1967

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