Legal Opinion

Cohen & Co. v. Candler

Supreme Court of Georgia

Decided November 29, 1887PublishedCited by 7 opinions

Sales. Record. Distress Warrant. Title. Contracts. Before W. I. Pike, Esq., judge pro hao vice. Hall Superior Court. August Adjourned Term, 1887. A conditional sale of personalty was made by vendors (now claimants) to the vendee (the tenant) on April 19, 18SC, evidenced by writing. The writing was recorded in Hall county, on April 21st, 1886, but neither of the parties resided in that county; both of them resided in Pulton county.

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Sales. Record. Distress Warrant. Title. Contracts. Before W. I. Pike, Esq., judge pro hao vice. Hall Superior Court. August Adjourned Term, 1887. A conditional sale of personalty was made by vendors (now claimants) to the vendee (the tenant) on April 19, 18SC, evidenced by writing. The writing was recorded in Hall county, on April 21st, 1886, but neither of the parties resided in that county; both of them resided in Pulton county. It does not'appear that the paper was ever recorded in Fulton county. The property was levied upon by distress warrant in August, 1886, in Hall county, as the…

1Opinion of the Court

Bleckley, Chief Justice,

(after stating the above facts.)

By section 1955(a) of the code,itis provided, that “whenever personal property is sold and delivered, with the condition affixed to the sale that the title (hereto is to remain in the vendor of such property until the purchase price thereof shall have been paid, every such conditional sale, in order for the reservation of title to be valid as against third parties, shall be evidenced in writing and not otherwise. And the written contract of every such conditional sale shall be executed and attested in the same manner as is now provided…

2Cited by7 opinions

  1. Rhode Island Locomotive Works v. Empire Lumber Co.Supreme Court of Georgia · 1893
  2. Bond v. BrewerSupreme Court of Georgia · 1895
  3. A. O. Blackmar Co. v. Wright Co.Court of Appeals of Georgia · 1940
  4. Green v. FranklinSupreme Court of Georgia · 1890
  5. Gartrell v. ClaySupreme Court of Georgia · 1888

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