Hogan v. Morris
Court of Appeals of Georgia
Action on bond — appeal; from Eulton superior court — ■ Judge Ellis. July 2, 1909.
1Opinion of the CourtPowell, J.
1. Where the defendant in tire foreclosure of a mortgage on personal property files an affidavit of illegality, and gives the delivery bond prescribed by §2706 of the Civil Code, “conditioned for the return of the property when called for by the levying officer,” and the illegality has been dismissed or otherwise declared insufficient, it is not necessary that the levying officer shall make personal’ demand on the obligor in the bond for the return of the property; the breach is occasioned if the officer regularly advertises the property for sale and it is not produced at the time and place…
2Cases cited4 opinions
- Carr v. Houston Guano & Warehouse Co.Supreme Court of Georgia · 1898
- Mapp v. ThompsonSupreme Court of Georgia · 1850
- Thompson v. MappSupreme Court of Georgia · 1849
- Brown v. RedwyneSupreme Court of Georgia · 1854
3Cited by11 opinions
- Early v. HamptonCourt of Appeals of Georgia · 1914
- Edwards v. HallSupreme Court of Georgia · 1933
- Taylor v. BoyntonCourt of Appeals of Georgia · 1909
- Arnold & Son v. RhodesCourt of Appeals of Georgia · 1920
- Jackson v. Troup CountyCourt of Appeals of Georgia · 1943
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