Welsh v. Lewis & Son
Supreme Court of Georgia
Mortgage. Witness. Liens. Before Judge Fort. Macon Superior Court. May Adjourned Term, 1883. On December 27, 1881, R. L. Massey gave his note to John F. Lewis & Son for $510.20, due January 24, 1882, and on the day he gave the note he executed and delivered to Lewis & Son, for the purpose of securing the payment of the same, a mortgage on the following described property, viz: “All of my entire stock merchandise now on hand and hereafter to be received, contained in my brick…
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Mortgage. Witness. Liens. Before Judge Fort. Macon Superior Court. May Adjourned Term, 1883. On December 27, 1881, R. L. Massey gave his note to John F. Lewis & Son for $510.20, due January 24, 1882, and on the day he gave the note he executed and delivered to Lewis & Son, for the purpose of securing the payment of the same, a mortgage on the following described property, viz: “All of my entire stock merchandise now on hand and hereafter to be received, contained in my brick store, west side of Dooly street, between Hill & Shumate and Yinson & Jarnigan.” This mortgage was headed “$510.00,…
1Opinion of the Court
Jackson, Chief Justice.
It appears from the record that the mortgage of defendant in error was foreclosed before either of plaintiffs in error had recovered a judgment against {he defendant whose property had been sold after it was attached, being perishable, under an order for that purpose passed by the ordinary, by virtue of authority vested in him by section 36P8 of the Code; that the attaching creditor, whose attachment caused the sale, is the defendant in error; that the goods sold for full value, and that, on a money rule to distribute the fund so brought into court by this sale of…
2Cases cited2 opinions
- Nichols v. HamptonSupreme Court of Georgia · 1872
- Scott, Carhart, & Co. v. WarrenSupreme Court of Georgia · 1857
3Cited by17 opinions
- Singleton v. CloseSupreme Court of Georgia · 1908
- Jones v. HowardSupreme Court of Georgia · 1896
- Fisher v. PorterSouth Dakota Supreme Court · 1898
- Donovan v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1899
- Central Union Trust Co. v. Appalachian Corp.District Court, N.D. Georgia · 1924
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