Rich v. Colquitt
Supreme Court of Georgia
Mortgage. Jurisdiction. Lien. Amendment. Before Judge CLARK. City Court of Atlanta. December Term, 1879- William Rich was security on a recognizance for the appearance of one George McCullough to answer a criminal charge. The recognizance was duly forfeited.
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Mortgage. Jurisdiction. Lien. Amendment. Before Judge CLARK. City Court of Atlanta. December Term, 1879- William Rich was security on a recognizance for the appearance of one George McCullough to answer a criminal charge. The recognizance was duly forfeited. The fi.fa. issuing on said judgment was levied on thirteen barrels of sweet potato brandy, as the property of William Rich,-and on the first Tuesday, in December, 1879, this brandy was sold, and the net sum of $664.69 realized therefrom. On the day before the sale, Daniel Rich placed in the sheriff’s hands a mortgage fi. fa. for a large…
1Opinion of the Court
Jackson, Justice.
The question made in this case which must control it, is whether a mortgage on personal property must be fore*115closed in the county of the residence of the mortgagor, if a resident of this state.
1. The mortgage of Rich could not claim the money unless it had been foreclosed, inasmuch as he had not complied with the statute and agreed that not only the equity of redemption but the entire property be sold, Code, §§3973-4,1967. Therefore, if not legally foreclosed and claiming the money as an execution, it had no stand ing in court; and if not foreclosed in the county of the…
2Cases cited1 opinion
- Griffin & Clay v. MarshallSupreme Court of Georgia · 1872
3Cited by4 opinions
- Devaughn v. ByromSupreme Court of Georgia · 1900
- Tefft v. SternbergU.S. Circuit Court for the Southern District of Georgia · 1887
- Browder, Manget & Co. v. Blake & MaddenSupreme Court of Georgia · 1910
- Cox v. TaylorCourt of Appeals of Georgia · 1938