Legal Opinion

Brown v. State

Court of Appeals of Georgia

Decided September 22, 1939No. 27825Published

1Opinion of the CourtBroyles, C. J.

A mortgage on “forty bushels of corn,” without any further description whatsoever, does not sufficiently specify the property upon which it is to take effect. It follows that where an indictment (as in this case) charged that the accused executed to the prosecutor a mortgage on “forty bushels of corn,” to secure a specified debt, and thereafter, without the consent of the mortgagee, sold and disposed of “forty bushels of corn covered by and described in said mortgage,” with intent to defraud the mortgagee, etc., the demurrer on the ground of insufficiency of the description of the property…

2Cases cited4 opinions

  1. Ferguson v. McCowanSupreme Court of Georgia · 1906
  2. Atkins v. PaulSupreme Court of Georgia · 1881
  3. Hampton v. StateSupreme Court of Georgia · 1905
  4. Miller v. StateCourt of Appeals of Georgia · 1916

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