Powers & Co. v. Georgia-Florida Grocery Co.
Court of Appeals of Georgia
Levy and claim; from city court of Quitman — Judge McCall. December 15, 1909. Powers & Company foreclosed, as a mortgage, the instrument hereinafter referred to, and the Georgia-Florida Grocery Company claimed the property. At the trial the judge held that the instrument in question was not a mortgage, but was a bill of sale to secure a debt, passing title, and, therefore, not subject to foreclosure as a “mortgage.
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Levy and claim; from city court of Quitman — Judge McCall. December 15, 1909. Powers & Company foreclosed, as a mortgage, the instrument hereinafter referred to, and the Georgia-Florida Grocery Company claimed the property. At the trial the judge held that the instrument in question was not a mortgage, but was a bill of sale to secure a debt, passing title, and, therefore, not subject to foreclosure as a “mortgage. The instrument is in the following language: “Georgia, Brooks County. In consideration of my being indebted to Powers & Company of the County of Brooks, State of Georgia, by…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. “Do particular form is necessary to constitute a mortgage. It must clearly indicate the creation of a lien, specify the debt to secure which it is given, and the property -upon which it is to take effect.” Civil Code of 1895, §2724. “A mortgage in this State is only a security for a debt, and passes no title.” Civil Code of 1895, §2723. An instrument that is a mortgage creates a lien and passes no title; an instrument which passes legal title is not a mortgage. Whether an instrument is a deed or bill of sale passing the legal *594title, or whether it is a…
2Cases cited3 opinions
- Glenn v. BottsSupreme Court of Georgia · 1887
- Mitchell v. CastlenCourt of Appeals of Georgia · 1908
- Smith v. DeVaughnSupreme Court of Georgia · 1889
3Cited by5 opinions
- Charles S. Martin Distributing Co. v. First State BankCourt of Appeals of Georgia · 1966
- Jackson v. ParksCourt of Appeals of Georgia · 1934
- Downing Co. v. JonesCourt of Appeals of Georgia · 1934
- Peoples Credit Clothing Co. v. Scottish Union & National InsuranceCourt of Appeals of Georgia · 1936
- Smith v. Long Cigar & Grocery Co.Court of Appeals of Georgia · 1918