Legal Opinion
Bowen v. Kicklighter
Court of Appeals of Georgia
Decided June 21, 1971No. 46146PublishedCited by 14 opinions
1Opinion of the Court
Eberhardt, Judge.
There is no doubt that the security deed held by the bank and the indebtedness incurred to the bank thereunder was superior in rank to the claim of the plaintiff. Indeed, plaintiff admits in its pleadings and in affidavits that it knew of the deed when the materials were sent out to the Kicklighter job. Consequently, as between the bank and plaintiff the bank would prevail. Bennett Lumber Co. v. Martin, 132 Ga. 491 (64 SE 484); Marbut-Williams Lbr. Co. v. Dixie Electric Co., 166 Ga. 42 (142 SE 270).
A transferee of the security deed and the indebtedness secured thereby steps…
2Cases cited7 opinions
- Shumate v. McLendonSupreme Court of Georgia · 1904
- Short & Paulk Supply Co. v. DykesCourt of Appeals of Georgia · 1969
- Bennett Lumber Co. v. MartinSupreme Court of Georgia · 1909
- Marbut-Williams Lumber Co. v. Dixie Electric Co.Supreme Court of Georgia · 1928
- Burkhalter v. DurdenSupreme Court of Georgia · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Agco Corporation v. Max AnglinCourt of Appeals for the Seventh Circuit · 2000
- Bob Parrott, Inc. v. First Palmetto BankCourt of Appeals of Georgia · 1974
- Federal Deposit Ins. Corp. v. WillisDistrict Court, S.D. Georgia · 1980
- Lummus Supply Co. v. Fidelity Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1977
- Sanford v. Hodges Builders Supply, Inc.Court of Appeals of Georgia · 1983
9 more not listed; retrieve them via the Exa API.