Johnston v. Crawley
Supreme Court of Georgia
Claim. In Morgan Superior Court. Tried before Judge Hardeman, at March Term, 1858. This was a claim interposed by David S. Johnston to the Madison Steam Mill and the machinery thereto appertaining, which had been levied upon by the Sheriff under a mortgage jt.fa., issued at the suit of Robert Crawley against the Madison Steam Mill Company.
Read the full summary
Claim. In Morgan Superior Court. Tried before Judge Hardeman, at March Term, 1858. This was a claim interposed by David S. Johnston to the Madison Steam Mill and the machinery thereto appertaining, which had been levied upon by the Sheriff under a mortgage jt.fa., issued at the suit of Robert Crawley against the Madison Steam Mill Company. Johnston claimed the property under and by virtue of a sale thereof, made sometime before by the Sheriff, under generaljudgménts and executions against said Company of junior date to Crawley’s mortgage. Crawley’s mortgage was dated 25th April, 1855, and…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The points presented in this record may be resolved into the following : Was there an existing corporation, duly organized with power to act at the time of the execution of the alleged mortgage ? If there was such a corporation, was the instrument properly and legally executed either by the corporation itself or its legally constituted agents, in a manner to bind the corporation ? If it was not so executed, can the corporation or the claimant, under the facts of the case, take advantage of the defect, and defeat the rights of the mortgagee ?
[1.]…
2Cited by17 opinions
- Jones v. EzellSupreme Court of Georgia · 1910
- G. V. B. Min. Co. v. First Nat. Bank of HaileyCourt of Appeals for the Ninth Circuit · 1899
- American Investment Co. v. Cable Co.Court of Appeals of Georgia · 1908
- Osborne v. RiceSupreme Court of Georgia · 1899
- New York Life Insurance v. RhodesCourt of Appeals of Georgia · 1908
12 more not listed; retrieve them via the Exa API.