Shaw v. McDonald
Supreme Court of Georgia
Claim, in Bibb Superior Court. Tried before Judge Powers, May Term, 1856. Griffin McDonald, the plaintiff in execution, levied his mortgage fi. fa. upon two billiard tables contained in a mortgage executed to him by W. A. B. Goddard, defendant in said fi, fa., and a claim thereto was interposed by Harvey W. Shaw. It appeared that the property, at the time of the execution of the mortgage, belonged to and was in the possession of the firm of Terrell & Goddard.
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Claim, in Bibb Superior Court. Tried before Judge Powers, May Term, 1856. Griffin McDonald, the plaintiff in execution, levied his mortgage fi. fa. upon two billiard tables contained in a mortgage executed to him by W. A. B. Goddard, defendant in said fi, fa., and a claim thereto was interposed by Harvey W. Shaw. It appeared that the property, at the time of the execution of the mortgage, belonged to and was in the possession of the firm of Terrell & Goddard. That they afterwards, in January, 1855, but while Goddard was absent, sold the billiard tables to Henry N. Ells, and Ells sold them,…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] Terrell & Goddard were partners. W. A. B. Goddard mortgaged all his interest, being one half, in and to the stock of liquors and two billiard tables and one pool table and the implements of furniture thereunto attached &c., to Griffin McDonald, to secure certain individual debts.due by Goddard to said McDonald, and also to save him harmless from an individual endorsement. The mortgage bears date the third day of January, 1855. McDonald foreclosed his mortgage, had a writ of fieri facias issued, and levied on the billiard tables which were…
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- Ellis Jones Drug Co. v. CokerMississippi Supreme Court · 1928
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