Hutcher v. Hobby
Supreme Court of Georgia
Sales. Mortgages. Subrogation. Equity. Before Judge Honey. Columbia superior court. March term, 1890. Eor previous parts of this litigation see 77 Ga. 504, 80 Ga. 124, and 83 Ga. 1. The present case was made by a petition filed by Hobby as trustee, suing for the use of "Warren, administrator of Caswell, against several Bunches and one Butcher, the following facts appearing : Petitioner conveyed certain land to Mrs. Bunch and her children.
Read the full summary
Sales. Mortgages. Subrogation. Equity. Before Judge Honey. Columbia superior court. March term, 1890. Eor previous parts of this litigation see 77 Ga. 504, 80 Ga. 124, and 83 Ga. 1. The present case was made by a petition filed by Hobby as trustee, suing for the use of "Warren, administrator of Caswell, against several Bunches and one Butcher, the following facts appearing : Petitioner conveyed certain land to Mrs. Bunch and her children. Por part of the purchase money she gave her notes for $300, secured by her mortgage on the land. Default was made in the payment of the notes; petition for…
1Opinion of the Court
Blandeord, Justice.
The main question in this case is whether, where property sold under a void foreclosure of a mortgage as the property of the mortgagor which has been purchased hy one at sheriff’s sale and the purchase money applied to the payment of the mortgage, and said sale and purchase is afterwards set aside and declared void, such purchaser can be subrogated to the rights which the mortgagee originally had to have his mortgage foreclosed and the property therein conveyed sold in discharge of the lien of the mortgage. It will not he necessary to consider any other question made hy…
2Cases cited6 opinions
- Howard v. NorthTexas Supreme Court · 1849
- Brobst v. BrockSupreme Court of the United States · 1871
- Davis v. GainesSupreme Court of the United States · 1881
- Boggs v. Fowler & HargraveCalifornia Supreme Court · 1860
- Robertson v. BradfordSupreme Court of Alabama · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ashley v. CookSupreme Court of Georgia · 1900
- Paton v. RobinsonSupreme Court of Connecticut · 1909
- Fowler v. MausIndiana Supreme Court · 1895
- Harrill v. WeerSupreme Court of Oklahoma · 1910
- Huguley Mfg. Co. v. Galeton Cotton MillsCourt of Appeals for the Fifth Circuit · 1899
1 more not listed; retrieve them via the Exa API.