Legal Opinion
Futch v. Taylor
Court of Appeals of Georgia
Decided June 12, 1918No. 9283PublishedCited by 10 opinions
Certiorari; from Berrien superior court—Judge Thomas. September 19,1917.
1Opinion of the CourtJenkins, J.
1. An unattested mortgage is good as between the parties thereto, or as between the maker and a transferee. The requirement relative to attestation, as prescribed by section 3257 of the Civil Code (1910), pertains to the prerequisite necessary to its record, and has application only so far as the intervening rights of third persons without notice are' concerned.
2. As there was no motion - to dismiss the levy on the ground that the notice prescribed by section 3296 of the Civil Code (1910) had not been given, and the defendant in fi. fa., although reciting such failure, entered a plea to the…
2Cases cited3 opinions
- Arnold v. CarterSupreme Court of Georgia · 1906
- Mahone v. ElliottSupreme Court of Georgia · 1914
- McFarlin v. BrevesCourt of Appeals of Georgia · 1912
3Cited by10 opinions
- Bank of Ringgold v. West Publishing Co.Court of Appeals of Georgia · 1939
- Atlas Auto Finance Company v. AtkinsCourt of Appeals of Georgia · 1949
- Giant Peanut & Grain Co. v. Long Manufacturing Co.Court of Appeals of Georgia · 1973
- General Acceptance Corp. v. BishopCourt of Appeals of Georgia · 1972
- Fellows v. SappCourt of Appeals of Georgia · 1932
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