Franklin v. Callaway
Supreme Court of Georgia
Money rule. Before Judge Toombs. City court of Washington. December 16, 1903. Ou March 11, Í899, Franklin obtained a judgment against Moss in a justice’s court in Oglethorpe county, and on April 4, 1899, the execution thereon was entered on the general execution docket of that county. Subsequently Moss moved to Wilkes county, and in July, 1903, gave to Armor a mortgage on his crop of that year in Wilkes county, for supplies to make the crop.
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Money rule. Before Judge Toombs. City court of Washington. December 16, 1903. Ou March 11, Í899, Franklin obtained a judgment against Moss in a justice’s court in Oglethorpe county, and on April 4, 1899, the execution thereon was entered on the general execution docket of that county. Subsequently Moss moved to Wilkes county, and in July, 1903, gave to Armor a mortgage on his crop of that year in Wilkes county, for supplies to make the crop. The mortgage was filed for record November 13, 1903, after the execution in favor of Franklin had been levied on corn which was “a part of said crop, but…
1Opinion of the CourtLamar, J.
The act approved December 21, 1899 (Acts 1899, p. 78), relating to the lien of mortgages on crops, given to secure the payment of money and other articles necessary to aid in making and gathering the same, is limited in its application. It says nothing about the priority of such a mortgage over bona fide purchasers, liens to secure ordinary debts, younger judgments, or as to its rank where there are several similar mortgages on the same crop. Nor does it say anything as to the necessity of recording, or as to the effect of a failure to record. The solitary provision is that such mortgages for…
2Cases cited3 opinions
- Achey v. Coleman & RaySupreme Court of Georgia · 1894
- Thompson-Hiles Co. v. DoddsSupreme Court of Georgia · 1895
- Green v. FranklinSupreme Court of Georgia · 1890
3Cited by3 opinions
- Hixon v. CallawayCourt of Appeals of Georgia · 1907
- Akin v. Comer Mercantile Co.Supreme Court of Georgia · 1912
- Durden v. Aycock Bros.Court of Appeals of Georgia · 1913