Hammack v. McDonald
Supreme Court of Georgia
Equitable petition. Before Judge Worrill. Clay superior court. November 5, 1921. An equitable petition was brought by George McDonald against his debtor, S. E. Fain; and H. E. Hammack, another creditor of Fain, was joined as one of the parties defendant. At the trial the controlling issues narrowed down to a contest between the plaintiff and H. E. Hammack as to who held the superior lien on certain land belonging to their common debtor.
Read the full summary
Equitable petition. Before Judge Worrill. Clay superior court. November 5, 1921. An equitable petition was brought by George McDonald against his debtor, S. E. Fain; and H. E. Hammack, another creditor of Fain, was joined as one of the parties defendant. At the trial the controlling issues narrowed down to a contest between the plaintiff and H. E. Hammack as to who held the superior lien on certain land belonging to their common debtor. On July 28, 1919, S. E. Fain executed and delivered to Mrs. D. L. McDonald, as executrix of the estate of J. J. McDonald, a security deed covering this land,…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) Tested by the law as it existed prior to the passage of the act of August 17, 1918 (Georgia Laws 1918, p. 209), entitled an act to provide for' a prima facie presumption in cases of registration of certain instruments, etc., the prima facie presumption would be that the mortgage given by Fain to the Iiammack Bish Bank was executed in Calhoun County before two attesting witnesses, one of whom assumed to act as an official witness outside of his own county, that is, Clay County (Bryant v. Davis, 145 Ga. 531, 89 S. E. 512), and was not, therefore, entitled to…
2Cases cited5 opinions
- Pritchard v. Savannah Street & Rural Resort RailroadSupreme Court of Georgia · 1891
- Mills v. GeerSupreme Court of Georgia · 1900
- Southern Iron & Equipment Co. v. VoylesSupreme Court of Georgia · 1912
- Bacon v. Mayor of SavannahSupreme Court of Georgia · 1898
- Bryant v. DavisSupreme Court of Georgia · 1916
3Cited by9 opinions
- Deal v. ColemanSupreme Court of Georgia · 2013
- Bullard v. HolmanSupreme Court of Georgia · 1937
- Walker Electrical Co. v. WaltonSupreme Court of Georgia · 1948
- Darby v. CookSupreme Court of Georgia · 1946
- State Highway Dept. of Ga. v. BassSupreme Court of Georgia · 1944
4 more not listed; retrieve them via the Exa API.