Scott, Carhart, & Co. v. Warren
Supreme Court of Georgia
In Equity, in Dougherty Superior Court. Before Allen, Judge, June Term, 1856. Upon the 29th day of December 1853, Merrick Barnes sold to James W. Wade, ten acres of land, (part of lot No. 328 in the 1st District of Dougherty county) adjoining the City of Albany, and executed to him a deed for the same, taking a mortgage upon the premises to secure the purchase money: Wade entered and held possession about eighteen months, when he left the county, and not having paid for the…
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In Equity, in Dougherty Superior Court. Before Allen, Judge, June Term, 1856. Upon the 29th day of December 1853, Merrick Barnes sold to James W. Wade, ten acres of land, (part of lot No. 328 in the 1st District of Dougherty county) adjoining the City of Albany, and executed to him a deed for the same, taking a mortgage upon the premises to secure the purchase money: Wade entered and held possession about eighteen months, when he left the county, and not having paid for the land, sent Barnes word to do the best he could with it. Barnes sold the place to Lott Warren and John H. Spicer on the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Amongst other questions, it has been discussed, whether the taking of the mortgage in this case by Barnes from Wade was a waiver of the vendor’s lien. The cases are not entirely harmonious on this point. Lord Eldon said, it did not appear to him a violent conclusion, as between vendor and vendee, notwithstanding the mortgage, that the lien should subsist. 15 Ves. Jr. 341, and see Cowell vs. Simpson, 16 Ves. Jr. 278—280. He added: “it must not be undertood, that a mortgage taken is to be considered as conclusive ground for the inference that a…
2Cases cited2 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
3Cited by12 opinions
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- Protestant Episcopal Church of Diocese v. Lowe Co.Supreme Court of Georgia · 1908
- Welsh v. Lewis & SonSupreme Court of Georgia · 1883
- Achey v. Coleman & RaySupreme Court of Georgia · 1894
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