Stewart v. Jaques
Supreme Court of Georgia
Mortgages.' Before Judge Harris. City Court of Macon.. March Term, 1886. J. S. Stewart brought an action of trover in the statutory form against S. R. Jaques to recover one black horse mule, about, nine years old, named Punch, and one black mare mule, about five years old, named Lizzie. On the trial, the evidence showed that on March 11,1884, R. A. Gordon made a mortgage to Jaques & Johnson on certain property, including “ one bay mare, two mare mules, one horse mule.”
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Mortgages.' Before Judge Harris. City Court of Macon.. March Term, 1886. J. S. Stewart brought an action of trover in the statutory form against S. R. Jaques to recover one black horse mule, about, nine years old, named Punch, and one black mare mule, about five years old, named Lizzie. On the trial, the evidence showed that on March 11,1884, R. A. Gordon made a mortgage to Jaques & Johnson on certain property, including “ one bay mare, two mare mules, one horse mule.” This was recorded March 31, 1884. On December 4,1884, Gordon, being indebted to Stewart, gave him a written conveyance of…
1Opinion of the Court
Blandford, Justice.
The question here is,, whether a mortgage, which describes or specifies the property mortgaged as “ one bay mare, two mare mules, one horse mule,” is sufficiently specific to put a bona fide purchaser from the mortgagor of one black horse mule, nine years old, and one black mare mule, four years old, on notice by its record; that the mules mortgaged are the same as those purchased.
“No particular form is necessary to constitute a mortgage. It must clearly indicate the creation of a lien, specify the debt to secure which it is given, and the property upon which it is to take…
2Cited by23 opinions
- Bennett v. GreenSupreme Court of Georgia · 1923
- Reynolds v. Tifton Guano Co.Court of Appeals of Georgia · 1917
- Farkas v. DuncanSupreme Court of Georgia · 1894
- Nussbaum v. Waterman & Co.Court of Appeals of Georgia · 1911
- Rocheleau v. BoyleMontana Supreme Court · 1892
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