Manheim v. Claflin & Co.
Supreme Court of Georgia
Debtor and creditor. Practice. Equity. Mortgages. Fraud. Attachment. Before Judge Kibbee. Pulaski county. At chambers, February 25, 1888. H. B. Claflin & Co., of New York, brought their bill, in February, 1888, against Barney Manhcim, Sebelia J. Fleetwood, William Sommer, Sommer Brothers, W. N. Fleetwood & Sons and Yf.
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Debtor and creditor. Practice. Equity. Mortgages. Fraud. Attachment. Before Judge Kibbee. Pulaski county. At chambers, February 25, 1888. H. B. Claflin & Co., of New York, brought their bill, in February, 1888, against Barney Manhcim, Sebelia J. Fleetwood, William Sommer, Sommer Brothers, W. N. Fleetwood & Sons and Yf. G. Hunt, all of Pulaski county, alleging, in brief, as follows : On August 25, 1887, Manheim applied to them for credit, stating that he was solvent and worthy of credit. On the faith of this statement, they extended him credit for $4,102.82, which amount is due and unpaid,…
1Opinion of the Court
Bleckley, Chief Justice.
1. No one can douht that foreclosing a mortgage on personalty, under §3971 of the code, is a proceeding at law; and §3979(a) gives the mortgagee the option of foreclosing in equity. Here the mortgagees, Claflin & Co., took the legal remedy in preference to the equitable, and then, without the least necessity for it that we can see, invoked the aid of equity to enable them to realize their money out of the goods covered by their mortgage. This they did solely because there were prior fraudulent mortgages in favor of other persons covering the same goods, which mortgages…
2Cited by7 opinions
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- Regenstein & Co. v. Tyler & Co.Supreme Court of Georgia · 1890
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