Green v. Hall
Supreme Court of Georgia
Equitable intervention. Before Judge J. B. Joues. Babun superior court. August 26, 1920. On April 1, 1903, W. J. Green and S. S. Hall purchased a described lot of land in Babun county, and on April 3 gave their .note to George L. Prentiss for $4500, which sum they borrowed from him to be used in paying for the land, and to secure the debt executed to him a mortgage on the premises.
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Equitable intervention. Before Judge J. B. Joues. Babun superior court. August 26, 1920. On April 1, 1903, W. J. Green and S. S. Hall purchased a described lot of land in Babun county, and on April 3 gave their .note to George L. Prentiss for $4500, which sum they borrowed from him to be used in paying for the land, and to secure the debt executed to him a mortgage on the premises. On the same clay Green and Hall, for an expressed consideration of $4500, conveyed to Prentiss a one-third undivided interest in the land, subject to the mortgage. On February 4, 1904, a written agreement was…
1Opinion of the CourtFish, C. J.
' (After stating the foregoing facts.)
1. The motion to dismiss is without merit, as Prentiss, a nonresident, appears to have been served as provided in the Civil Code (1910), § 6161. And it was decided in Rafter v. Talmadge, 147 Ga. 407 (94 S. E. 229), that Eafter had no interest in the subject-matter of this litigation.
2. A vendor has no equitable lien for the purchase-money of lands in this State. Civil Code (1910), § 3373. Hall, under the terms of the contract he had with Green, at the time he conveyed to the latter his one-third interest in the land in question had no lien either at law…
2Cases cited4 opinions
- Atlanta & Carolina Railway Co. v. Carolina Portland Cement Co.Supreme Court of Georgia · 1913
- Spence v. Solomons Co.Supreme Court of Georgia · 1907
- Gartrell v. McCraveySupreme Court of Georgia · 1915
- Rafter v. Talmadge & Co.Supreme Court of Georgia · 1917
3Cited by3 opinions
- Carter v. JohnsonSupreme Court of Georgia · 1923
- Spence v. BrownSupreme Court of Georgia · 1944
- Summer v. StrayhornSupreme Court of Georgia · 1938