Barrow v. E. Tris Napier Co.
Court of Appeals of Georgia
.Levy and claim; from municipal court of Macon — Judge Daly. July 11, 1914. Freeman mortgaged a mare to E. Tris Napiér Company, and, after the mortgage had been recorded, sold the mare to Barrow, who was without actual notice of the mortgage. Afterwards the mortgage was foreclosed, and, when the execution in favor of the mortgagee was levied on the mare, Barrow filed a claim to the property. Ón the trial of the claim case the foregoing facts appeared in evidence.
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.Levy and claim; from municipal court of Macon — Judge Daly. July 11, 1914. Freeman mortgaged a mare to E. Tris Napiér Company, and, after the mortgage had been recorded, sold the mare to Barrow, who was without actual notice of the mortgage. Afterwards the mortgage was foreclosed, and, when the execution in favor of the mortgagee was levied on the mare, Barrow filed a claim to the property. Ón the trial of the claim case the foregoing facts appeared in evidence. It further appeared that the notary public who attested the execution of the mortgage was at the time of the attestation the…
1Opinion of the CourtRussell, C. J.
1. A mortgage attested by a notary public who is secretary and treasurer of the corporation to which it is given is not properly executed, and therefore not admissible for record; and a record of such a mortgage is not constructive notice to persons dealing with the mortgagor. Betts-Evans Trading Co. v. Bass, 2 Ga. App. 719 (59 S. E. 8).
2. Eor the reason stated above, the judgment in favor of the plaintiff in *310fi. fa. was not authorized, and the court erred in overruling the motion for a new trial. Judgment reversed.
Decided May 7, 1915. .Levy and claim; from municipal court of Macon — Judge…
2Cases cited1 opinion
- Betts-Evans Trading Co. v. BassCourt of Appeals of Georgia · 1907
3Cited by5 opinions
- Propes v. ToddCourt of Appeals of Georgia · 1953
- FOURTH NATIONAL BANK &C. v. HowellCourt of Appeals of Georgia · 1955
- Citizens Trust Co. v. ButlerCourt of Appeals of Georgia · 1920
- In re W. J. Marshall Co.District Court, S.D. Georgia · 1923
- Worley v. Planters Cotton Oil Co.Supreme Court of Georgia · 1935