Walton v. Shakespear

1. Where personalty is sold on credit, and contemporaneously therewith the purchaser gives to the seller a mortgage on the property to secure the indebtedness so created, the lien of the purchase-money mortgage is superior to all common-law judgments rendered against the mortgagor prior to the purchase and the giving of the purchase-money mortgage. Wiggins v. Tumlin, 96 Ga. 753 (23 S. E. 75); Luke v. Cason, 7 Ga. App. 183 (66 S. E. 493). Under the facts as disclosed by the record, the execution of the mortgage to secure the purchase-money was, to all practical intents and purposes,…