Goodrich v. Williams
Supreme Court of Georgia
Mortgage. Contracts. New trial. Before William II. Hull, Esq., Judge pro haoviee. Richmond Superior Court. October Term, 1872. The issues involved in this litigation arose upon a rule against the sheriff of Richmond county, at the instance of Williams, requiring him to show cause why he should not pay over the moneys in his hands arising from the sale of the property of Charles B. Day, to a mortgage execution in favor of said Williams.
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Mortgage. Contracts. New trial. Before William II. Hull, Esq., Judge pro haoviee. Richmond Superior Court. October Term, 1872. The issues involved in this litigation arose upon a rule against the sheriff of Richmond county, at the instance of Williams, requiring him to show cause why he should not pay over the moneys in his hands arising from the sale of the property of Charles B. Day, to a mortgage execution in favor of said Williams. The answer of the sheriff showed in his hands the net amount of $7,537 42, which was claimed by Goodrich and other creditors. They attacked the mortgage of…
1Opinion of the Court
McCay, Judge.
1. Whilst we think it not of much importance, (in view of the fact that even under our law the mortgage debt was good for more than the Judge gave it,) yet we are clear that this was a South Carolina contract — that is, the debt was. It was entered into in Carolina, it was by its terms made payable at Charleston, South Carolina. Nor does the fact that it was secured by a mortgage on goods in Georgia change the rule: Story on Con. Laws, 290, 293; 10th Wheaton, 367. It was said in argument that the going to Charleston and making the contract there, and specially providing in the…
2Cited by14 opinions
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- Brown & Allen v. Jacobs' Pharmacy Co.Supreme Court of Georgia · 1902
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
- Jones v. LawmanCourt of Appeals of Georgia · 1937
- Commercial Credit Plan, Inc. v. ParkerCourt of Appeals of Georgia · 1979
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