Georgia Chemical Works v. Cartledge

Hall, Justice.

This was a contest between the creditors of Warren Smalley over a fund arising from the sale of his property under a common law in favor of the Georgia Chemical Works. The other contestant was James E. Cartledge, who claimed under the foreclosure of a mortgage on the personal property, from the sale of a portion of which the fund in controversy arose. The mortgage assigned to Cartledge was older than the judgment from which the execution of the other contestant, the Georgia Chemical Works, issued. The mortgage covered land and other personal property besides that sold; Cartledge…