Legal Opinion · Concurrence

Philpot v. Ramsey

Court of Appeals of Georgia

Decided September 29, 1933No. 22678Published

1ConcurrenceStephens, J.

I concur in the judgment of reversal, and in all except the ruling announced in paragraph 5. From this ruling I dissent.

Section 3307 of the Civil Code of 1910, which is a codification of an act approved September 30, 1885 (Ga. L. 1884-5, p. 124), provides that while deeds or bills of sale to personalty to secure debt and which are not recorded are valid against the persons executing them, they are “postponed to all liens created or obtained, or purchases made, prior to the actual record of the deed or bill of sale.” The “liens created or obtained” referred to “'embrace both liens created by…

2Cases cited12 opinions

  1. Merchants & Mechanics Bank v. BeardSupreme Court of Georgia · 1926
  2. Reynolds v. NorvellSupreme Court of Georgia · 1907
  3. Barron v. BurneySupreme Court of Georgia · 1868
  4. Fulghum v. FulghumSupreme Court of Georgia · 1900
  5. Reilly v. ReillyIllinois Supreme Court · 1891

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