Nichols v. Hampton
Supreme Court of Georgia
Chattel mortgage. Attestation. Probate. Description. Record. Notice. Affidavit. Attorney and client. Before Judge Stjrozier. Worth Superior Court.' April 10th, 1872. Ou January 18th, 1870, Carles Johnson made the following instrument: “ $200. By the first day of February next, I promise to pay Margaret J. Hampton, or bearer, two hundred dollars for value received in a bay mare and buggy, Margaret J. Hampton holding a lien on said horse and buggy until it is paid for.
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Chattel mortgage. Attestation. Probate. Description. Record. Notice. Affidavit. Attorney and client. Before Judge Stjrozier. Worth Superior Court.' April 10th, 1872. Ou January 18th, 1870, Carles Johnson made the following instrument: “ $200. By the first day of February next, I promise to pay Margaret J. Hampton, or bearer, two hundred dollars for value received in a bay mare and buggy, Margaret J. Hampton holding a lien on said horse and buggy until it is paid for. (Signed) “CARLES JOHNSON. “Attest: F. Lehman. “Albany, Georgia, January 18tb, 1870.” A second instrument, of similar character,…
1Opinion of the Court
McCay, Judge.
It must be admitted that these papers fail to fill the common law idea of a mortgage. They are not under seal; they contain no words of conveyance, and are painfully meagre in their description, not only of the debt intended to be secured, but of the property in which the lien is intended to be created. But our Code requires no specified form to constitute a mortgage. It conveys no title, and it is not required to be under seal. It is sufficient if it specifies the property, state the debt and show that the parties intend to create a lien: Revised Code, section 1945. Taking these…
2Cited by29 opinions
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- Bennett v. GreenSupreme Court of Georgia · 1923
- Southern Iron & Equipment Co. v. VoylesSupreme Court of Georgia · 1912
- Cottrell & Sons v. Merchants & Mechanics BankSupreme Court of Georgia · 1892
- Beaty v. SearsSupreme Court of Georgia · 1909
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